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2008/02/20 - ResolutionsCouncil Information *for period ended February 20, 2008* *Resolutions* 1. Municipal Infrastructure/ PST Exemption/ One Cent Now Campaign 2. Disabled Parking 3. Pesticides 4. Smoking in Vehicles 5. Heritage Places 6. Sir John A. MacDonald Day 7. Handguns 8. CBC 9. Malaria Day 10. Sewage Systems Program 11. Lead Testing 12. E.I. 13. Non-Agricultural Source Materials TL_.__IJ ..°~r-. i ~Cc ~ lx:~ ~`lirn~r ~ ~t!lvuntain.._ ~~~~~ ~ ~~ 'here S tps C.. February 8, 2008 The Honourable Stephen Harper, Prime Minister 80 Wellington Street Ottawa, Ontario K1 A OA2 The Honourable Dalton McGuinty, Premier of Ontario Legislative Building, Queen's Park Toronto, Ontario M7A 1 Al .1ohn Maloney, M.P. Welland Riding 50 Division Street Welland, Ontario L3B 3Z6 Peter Kormons, M.P.P. Welland Riding 60 King Street, Unit #103 Welland, Ontario L3B 6A4 Dear Sirs: Re: Resolution re: Canada's Municipal Infrastructure Please be advised that Thorold City Council, at its February 5, 2008 meeting, adopted the following resolution: THAT the resolution adopted by the City of Port Colborne, at its meeting of December 70, 2007, petitioning the Federal and Provincial Governments to establish a national plan to eliminate the municipal infrastructure deficit through the provision of equitable long-term funding strategies, to prepare the groundwork for effective management in the future and to undertake a comprehensive, national study, involving all three orders of government, to determine size, scope and geographic characteristics of the municipal infrastructure deficit, be received and supported. Yours tr~;tly, `;, , ~.~• ', 'Susan Daniels, AMCT Deputy City Clerk SMD:hhm cc: Federation of Canadian Municipalities Association of Municipalities of Ontario The Regional Municipality of Niagara Area Municipalities em: M. Weir, Chief Administrative Officer J.K. Bice, City Clerk M. Mauro, Director of Finance T. Doherty, Director of Operations City of Thorold P.O. Box 1044, 3540 Schmon P~a/r/k/way/,~ T/~horold, Ontario L2V 4A7 r1YYNYYw~!/o1 ~,~elfof/l Tel: 905-227-6613 The Council of the City of Ottawa, at its meeting of 7 December 2007, adopted the following resolution: WHEREAS the tourism and hotel industry create new economic activity for the city of Ottawa which is appreciated but at the same time creates new infrastructure and servicing for the City of Ottawa; WHEREAS this increased economic activity does not generate much in the way of new income to the city because the PST, GST and corporate taxes which result from tourism and hotel activity are not available to the city; the only tax that is available to the city is the property tax, BE IT RESOLVED the council petition the provincial government for the authority to create a hotel room tax such that some of the municipal costs created by the tourism and hotel industries can be recouped; BE IT FURTHER RESOLVED this petition be forwarded to the FCM and the AMO for distribution to their members. City of Ottawa 110 Laurier Avenue Ottawa, ON K1P 1J1 Attention: Dawn Whelan, Council Coordinator Telephone: 580-2424, Ext. 21837 Facsimile: 580-9609 E-mail: dawn.whelan(a,ottawa.ca D/SCL4/MER This material is provided under contract as a paid service by the originating organization and does not necessari/y ref/ect the view or positions of the Association of Municipa/ities of Ontario (AMOK, its subsidiary companies, officers, directors or agents. North ~; Grenville December 18, 2007 To: All Ontario Municipalities The Council of the Municipality adopted the following Resolution at their Council Meeting of December 10, 2007: WHEREAS Municipalities in the Province of Ontario continue to have problems funding existing and new infrastructure; AND WHEREAS fast growing Municipalities such as North Grenville face particular difficulty in financing new infrastructure initiatives as existing infrastructure funding programs are focused predominantly on rehabilitation or replacement of existing infrastructure; AND WHEREAS under the Constitution of Canada, the Provincial Government has the authority and responsibility for Municipal issues, including the funding and financing of Municipal infrastructure programs; NOW THEREFORE BE /T RESOLVED THAT the Municipality of North Grenville requests that the Government of the Province of Ontario commit ?/8th of the current 8% Provincial Sales Tax to Municipalities to fund Municipal Infrastructure Programs; AND FURTHER THAT this resolution be forwarded to the Hon Dalton McGuinty, Premier of Ontario, Rt. Hon Steven Harper, Prime Minister of Canada, Hon. Dwight Duncan, Minister of Finance (Ontario), Hon. Jim Flaherty, Minister of Finance (Federal), Bob Runciman, Leader of the Opposition, Howard Hampton, Leader of the Ontario NDP, Gord Brown, M.P. and John Tory, Leader of the PC Party of Ontario, and to al! Municipalities in the Province of Ontario for consideration and endorsement. Please present this Resolution to your members of Council for their consideration and endorsement. Yours truly, Cahl Pominville Clerk cpominville@northgrenville.on.ca MUNICIPALITY OF NORTH GRENVILLE 285 County Road 44, Box 130 Kemptville, ON KOG 1 JO T 613-258-9569 Ext. 110 F 613-258-9620 www.northgrenville.on.ca - -- .... (2/2012008) Dean lorfida - 2007_Resolution_Waterloo2 Dec 17.doc Page 11 11Vate~loo RESOLUTION OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WATERLOO December 17, 2007 RE: Infrastructure Funding "WHEREAS towns and cities are where the people of Canada work and live and their long term sustainability is at risk without an adequate infrastructure; AND WHEREAS provincial and national economic prosperity is inextricably linked to the well being and prosperity of towns and cities; AND WHEREAS public ownership of infrastructure has shifted over the past 50 years away from the federal and provincial governments to become an increasing responsibility for municipal governments such as the City of Waterloo; AND WHEREAS the City of Waterloo requires revenues that grow with the economy in order to contribute to the sustainability of its infrastructure; AND WHEREAS the Council of the City of Waterloo has introduced a number of initiatives such as ten-year capital planning, continuous improvement, public private partnerships and a proposed capital investment contribution as the City's efforts to address the infrastructure deficit; AND WHEREAS the City of Waterloo has determined that its municipal infrastructure deficit is approximately $160 million over the next ten years; AND WHEREAS the City of Waterloo's infrastructure deficit would require a one time municipal tax increase of 40% to be fully funded; AND WHEREAS property taxes, for the most part, is a very regressive tax not based on economic growth, income or ability to pay; AND WHEREAS there is just a single taxpayer paying taxes to the different levels of government; AND WHEREAS, on average, municipalities collect eight cents of every dollar of total government collected taxes for the services they provide; AND WHEREAS there are federal and provincial surpluses projected over the next number of years; THEREFORE BE IT RESOLVED THAT: 1) the Council of The Corporation of the City of Waterloo calls upon the Provincial and Federal governments to re- examine how municipalities are funded in regards to infrastructure and work together with a view to providing long term and sustainable infrastructure funding programs to assist the City of Waterloo and all upper, lower and single tier municipalities in addressing their infrastructure roles and responsibilities; 2) copies of this resolution be forwarded to the Prime Minister of Canada, the Premier of Ontario, Federal and Provincial Ministers of Finance, Provincial Minister of Public Infrastructure Renewal, Federal Minister of Transportation, all Members of Parliament, all Members of Provincial Parliament, the Association of Municipalities of Ontario (AMO), the Federation of Canadian Municipalities (FCM) and the Big Cities Mayors' Caucus of FCM; 3) all municipalities be encouraged to pass motions supporting this resolution and forward to their relevant federal and provincial representatives," CARRIED UNANIMOUSLY For further information, please contact Susan Greatrix, City Clerk The Corporation of the City of Waterloo 100 Regina Street South, Waterloo, ON N2J 4A8 Telephone: 519-747-8705 Fax: 519-747-8510 (2/20/2008) Dean lorfida - 2007,Resolution_Waterloo1 Dec 17.doc ~~~ Page 11Vat~loo RESOLUTION OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WATERLOO December 17, 2007 RE: Provincial Sales Tax Exemption for Municipalities "WHEREAS the City of Waterloo is one of many Ontario municipalities with existing infrastructure renewal funding needs, currently estimated at over $156 million for the City of Waterloo; AND WHEREAS the Government of Canada has seen fit to exempt all municipalities in Canada from paying the Goods and Services Tax ("GST") resulting in a $1.2 million per year benefit to the City of Waterloo; AND WHEREAS the City of Waterloo pays approximately $700,000.00 per year in Provincial Sales Tax ("PST"). THEREFORE BE IT RESOLVED THAT: 1) the Council of The Corporation of the City of Waterloo request the Province of Ontario to fully exempt all Ontario municipalities from paying PST, with the understanding that the savings realized be mandated to fund existing infrastructure renewal in local municipalities; 2) that this resolution be forwarded to: the Prime Minister of Canada, Minister of Finance, Minister of National Revenue, Minister of Transport, Infrastructure &Communities, Minister of Public Works & Government Services and Minister of Public Safety the Premier of Ontario, Minister of Public Infrastructure Renewal, Minister of Finance, Minister of Revenue, Minister of Transportation and Minister of Municipal Affairs & Housing Association of Municipalities of Ontario, Federation of Canadian Municipalities, all Members of Provincial Parliament, all Members of Parliament, all local municipalities including the Region of Waterloo all municipalities in Ontario with a request that those municipalities endorse the City of Waterloo's resolution and forward their endorsement to the Prime Minister of Canada, Minister of National Revenue, Minister of Transport, Infrastructure and Communities, Minister of Public Works and Government Services and Minister of Public Safety and the Premier of Ontario, Minister of Public Infrastructure Renewal, Minister of Finance, Minister of Revenue, Minister of Transportation and Minister of Municipal Affairs and Housing." CARRIED UNANIMOUSLY For further information, please contact Susan Greatrix, City Clerk The Corporation of the City of Waterloo MQN RUSSELL Resolution/Resolution #10-2008 CORPORATION OF THE TOWNSHIP OF RUSSELL CORPORATION DU CANTON DE RUSSELL Regular Meeting of the Municipal Council -January 21, 2008 Reunion ordinaire du conseil municipal - le 21 janvier 2008 Moved by/Propose par: Jamie Laurin Seconded by/Appuye par: Lorraine Dicaire Whereas Ontario municipalities are subject to a borrowing capacity based on 25% of their previous year taxation revenues; And Whereas the calculation of the debt capacity includes debts for public utilities such as waterworks and sanitary sewer; And Whereas the public utilities debts are reimbursed through user fees, which have no impact on the operation of a municipality's general fund; Therefore be it resolved that the Township of Russell hereby petitions the Provincial Government to consider amending the formula used to calculate a municipality's debt capacity by excluding debts for public utilities in order to allow a municipality to increase the financing of capital projects such as roads, bridges and other municipal infrastructures which are reimbursed through property taxes; and Be it also resolved that a request for support be forwarded to every municipality in Ontario and that they forward their support to the Minister of Municipal Affairs, the Finance Minister, AFMO, AMO, OGRA and to the Township of Russell. CARRIED AS AMENDED I, Ginette Bertrand, Clerk of the Corporation of the Township of Russell, do hereby certify that the above is a true copy of resolution 10-2008, which was adopted by the Council of the Corporation of the Township of Russell on the 21St day of January, 2008. Attendu que des municipalites ontariennes sont sujettes a une capacite de Bette basee sur 25% des revenues de taxation de 1'annee precedente; Et attendu que le calcul des capacites de Bette comprend les dettes pour les utilites publiques, telles que 1'aqueduc et les egouts; Et attendu que les dettes d'utilites sont remboursees a travers les frais d'usagers qui n'ont aucun impact sur les operations du fonds general dune municipalite; Qu'il soft resolu que la municipalite de Russell demande au gouvernement provincial de considerer apporter un amendement a la formule utilisee pour le calcul de la capacite de dettes pour une municipalite afro d'exclure les dettes des utilites publiques afro de permettre a une municipalite d'augmenter le financement des projets capitaux de Chemins, ponts et autres infrastructures municipales dont le remboursement provient des taxes foncieres; et Qu'il soft resolu qu'une demande de support soft acheminee a toutes les municipalites ontariennes et que ledit support de chacune des municipalites soft achemine au Ministre des Affaires municipales, au Ministre des Finances, a 1'AFMO, a 1'AMO, a OGRA ainsi qu'a la municipalite de Russell, tel que recommande. APPUYE DANS SA FORME MODIFIES Je, Ginette Bertrand, secretaire municipale de la corporation de canton de Russell, certifie que la presente est une copie conforme de la resolution 10-2008 qui a ete adoptee par le conseil de la municipalite de Russell le 21 janvier 2008. 717, rue Notre-Dame Street, Embrun UN KOA 1 W 1 Tel.: 613 443-3066 www.russell.ca FAX: 613 443-1042 :~ ~, o Rimed k~ Co~~ THE pTY OF Waterloo RESOLUTION OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WATERLOO December 17, 2007 RE: Provincial Sales Tax Exemption for Municipalities "WHEREAS the City of Waterloo is one of many Ontario municipalities with existing infrastructure renewal. funding needs, currently estimated at over $156 million for the City of Waterloo; AND WHEREAS the Government of Canada has seen fit to exempt all municipalities in Canada from paying the Goods and Services Tax ~("GST") resulting in a $1.2 million per year benefit to the City of Waterloo; AND WHEREAS the City of Waterloo pays approximately $700,000.00 per year in Provincial Sales Tax ("PST"). THEREFORE'BE IT RESOLVED THAT: 1) the Council of The Corporation of the City of Waterloo request the Province of Ontario to fully exempt all Ontario municipalities .from paying PST, with the understanding that the savings realized be mandated to fund existing. infrastructure renewal. in local municipalities; 2) that this resolution be forwarded to: - the Prime Minister of Canada, Minister of Finance, Minister of National Revenue, Minister of Transport, Infrastructure &Communities, Minister of Public Works & Government Services and Minister of Public Safety the Premier of Ontario, Minister of Public Infrastructure Renewal, Minister of Finance, Minister of Revenue, Minister of Transportation and Minister of Municipal Affairs & Housing ~-Association of Municipalities of Ontario, `Federation of Canadian Municipalities, ~ ~ ~ all Members of Provincial Parliament, all Members of Parliament; III local municipalities including the Region of Waterloo all municipalities in Ontario with a request that those municipalities endorse the City of Waterloo's resolution and forward their endorsement to the Prime Minister of Canada, Minister of National Revenue, Minister of Transport, Infrastructure and Communities, Minister of Public Works and Government- Services and Minister of Public Safety and the Premier of Ontario, Minister of Public Infrastructure Renewal,. Minister of Finance, Minister of Revenue, Minister of Transportation and Minister of Municipal Affairs and Housing." For further information, please contact Susan Greatrix, City Cterk The Corporation of the City of Waterloo 100 Regina Street South, Waterloo, ON N2J 4A8 Telephone: 51.9-747-8705 Fax: 519-747-8510 E-mail: sgreatrix~city.waterloo.on.ca MEETING OF• CARRIED UNANIMOUSLY JAN 0 8 ~9'l 2008 • Cc.•- Co~u.~wl (C~O`MM~UNICe4Tl0 ~- N~ o; b3 -oS8 c+~-r c~~ Re~~ wca~.~ WdtP.tt'~00 RESOLUTION OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WATERLOO December 17, 2007 ~ , RE: Infrastructure Funding "WHEREAS towns and cities are where the people of Canada work and live and their long term sustainability is at risk without an adequate infrastructure; AND WHEREAS provincial and national-economic prosperity is inextricably linked to the well being and prosperity of towns and cities; AND WHEREAS public ownership of infrastructure has shifted over the past 50 years away from the federal and provincial governments to become an increasing responsibility for municipal governments such as the City of Waterloo; AND WHEREAS the City of Waterloo requires revenues that grow with the economy in order to contribute to the sustainability of its infrastructure; AND WHEREAS the Council of the City of Waterloo has introduced a number of initiatives such as ten-year capital planning, continuous improvement, .public .private partnerships and a proposed capital investment contribution as the City's efforts to address the infrastructure deficit; AND WHEREAS the City of Waterloo has determined that its municipal infrastructure deficit is approximately $160 million over the next ten years; AND WHEREAS the City of Waterloo's infrastructure deficit would require a one time municipal tax increase of 40% to be fully funded; AND WHEREAS property taxes, for the most part, is a very regressive tax not based on economic growth, income or ability to paY~ AND WHEREAS there is just a single taxpayer paying taxes to the different levels of government; ~~4ND WHEREAS, on average, municipalities collect eight cents of every dollar of total government collected taxes for the se es they provide; AND WHEREAS there are federal and provincial surpluses projected over the next number of years; THEREFORE SE IT RESOLVED THAT: 1) the Council of The Corporation of the City of Waterloo calls upon the Provincial and Federal governments to re- examine how municipalities are funded in regards to infrastructure and work together with a view to providing long term and sustainable infrastructure funding programs to assist the City of Waterloo and all upper, lower and single tier municipalities in addressing their infrastructure roles and responsibilities; 2) copies of this resolution be forwarded to the Prime Minister of Canada, the Premier of Ontario, Federal and Provincial Ministers of Finance, Provincial Minister of Public Infrastructure Renewal, Federal Minister of Transportation, all Members of Parliament, all Members of Provincial Parliament, the Association of Municipalities of Ontario (AMO), the Federation of Canadian Municipalities (FCM) and the. Big Cities Mayors' Caucus of FCM; 3 all munici alities be encoura ed to ass o ' s o in h'~ ~e~p ~ ~ n forward to their relevant federal and } provincialpepresentatives." g p ~~~ ~p ~ V V ~ ~. ~~.~ A! ~ o ~~ CARRIED UNANIMOUSLY For furkher information, please contact ~ y Susan Greatrix, City Clerk ~ ~ C~~'~. The Corporation of the City of Waterloo 100 Regina Street South, Waterloo, ON N2J 4A8 Telephone: 519-747-8705 . Fax: 519-747-8510 E-mail: sgreatrixC~city.waterloo,on.ca JAN 0 8 - ~~ COMMUN~~'ATfON No: 03-p5~ c- ~~ Goo f~, ~e~ ~~~ WHEREAS a recent gathering on the steps of Parliament is support of the One Cent NOW! Campaign took place as an expression of support for transferring the equivalent of one cent of the GST to municipalities across the nation, and WHEREAS in recent years the Federal and Provincial governments have downloaded costs to municipalities and reduced funding in areas of .infrastructure to municipalities making the request for COMRIF funding competitive, and. WHEREAS the Federal government, effective January 1, 2008 has reduced the GST to 5%, and WHEREAS it is felt by the One Cent NOW! Campaign that lost capital that .would have been gained from . the GST could be regained and .distributed to municipalities for infrastructure projects and .would deliver about 5 biAion dollars per year to municipalities from coast to coast to coast, NOW THEREFORE• BE . IT HEREBY RESOLVED THAT the Council of .The Corporation of the :City of Owen Sound hereby supports the One Cent NOW! Campaign, and further THAT funding gained from the One Cent NOW! Campaign be disbursed to municipalities to support local infrastructure, and further THAT this resolution be forwarded to Prime Minister Steven Harper; .The Honourable Jim Flaherty, Federal Minister of Finance; the Honourable Lawrence Cannon, Minister of Transportation, Infrastructure and Communities; Larry Miller, M.P., Bruce-Grey-Owen Sound; and the Federation of Canadian Municipalities, seeking their support of the efforts of municipalities in gaining funding toward local infrastructure, and further THAT this resolution. be copied to Premier Dalton McGuinty; The Honourable ;~ Dwight Duncan, Provincial Minister of Finance; The Honourable David Caplan, ', Minister of Public Infrastructure Renewal; the Association of Municipalities of '`. Ontario; Bill Murdoch, M.P.P., Bruce-Grey-Owen Sound; and Mayor David Miller, City of Toronto, -and further THAT this resolution be copied to Stephane Dion, Leader of the Federal Opposition Party and John Tory, Leader of the Provincial Opposition Party, and further THAT this resolution be circulated to all municipalities in Ontario through an AMO broadcast seeking support of municipalities to gain funding for local infrastructure projects." Contact Information: Marion I. Koepke, C.M.O. City Clerk City of Owen Sound 808 2nd Avenue East Owen Sound, Ontario N4K 2H4 Phone (519) 376-1440 ex 221 Fax (519) 371-0511 • E-mail mkoepke~re-owensound.com CITT CVUNG~ MEETING OF: .lAN~:O 6 7~ C~MMtJNICA7I~N No: ~3--~5~ D/SCLA/MER This material is provided under contract as a paid service by the originating organizarion and does not necessarily reflect the view orpositions of theAssociation of Municipalities of Ontario (AMO), its subsidiary companies, officers, directors oragents ~ C~D ~, . __,~- s OFFICE OF THE: i ,: ~ ~~I~la. ~i-)L~'~ IiL~~'~;::+'~ )i'i ! JL~ ~ ~ ,~~ J~. f MAYOR CHIEF ADMINISTRATIVE OFFICER ti ~ *~d CLERK .._. DIRECTOR OF FINANCIAL SERVICES THE CORPORATION OF THE DIRECTOR OF OPERATIONS DIRECTOR OF PLANNING SERVICES TOVYN Ol~ PELHAM TEL. (905) 892-2607 DIRECTOR OF BUILDING & ENFORCEMENT SERVICES FAX (905) 892-5055 POST OFFICE BOX 400 PELHAM MUNICIPAL BUILDING, 20 PELHAM TOWN SQUARE FONTHILL, ONTARIO L051 EO January 25, 2008 MS. SUSAN GREATRIX, CITY CLERK CITY OF WATERLOO 100 REGINA STREET SOUTH WATERLOO ON N2J 4A8 Dear Ms. Greatrix: RE: Provincial Sales Tax Exemption for Municipalities This is to advise that Council of the Town of Pelham, at its last regular meeting held on Monday, January 21, 2008, enacted the following resolution: "THAT Council of the Town of Pelham endorse and support the resolution enacted by the City of Waterloo whereby they call upon the Provincial and Federal Governments to re-examine how municipalities are funded in regards to infrastructure and work together with a view to providing long term and sustainable infrastructure funding programs to assist the City of Waterloo and all upper, lower and single tier municipalities in addressing their infrastructure roles and responsibilities; AND THi4T a copy of this resolution be forwarded to the Prime Minister of Canada, the Premier of Ontario, the Federal & Provincial Ministers of Finance, the Provincial Minister of Public Infrastructure Renewal, the Federal Minister of Transportation, the Association of Municipalities of Ontario; the Federation of Canadian Municipalities, local MP's and MPP's, the Regional Municipality of Niagara and area municipalities." Yours very truly, n .~..'~ Cheryl Miclette, AMCT Town Clerk Cc: Prime Minister of Canada Premier of Ontario Federal & Provincial Ministers of Finance Provincial Minister of Public Infrastructure Renewal Federal Minister of Transportation Association of Municipalities of Ontario Federation of Canadian Municipalities Local MP's Local MPP's Regional Municipality of Niagara Ll~+:oa.~,~i p a l i t i e s ~~"'~ "WHEREAS a recent gathering on the steps of Parliament in support of the One Cent NOW! Campaign took place as an expression of support for transferring the equivalent of one cent of the GST to municipalities across the nation, and WHEREAS in recent years the Federal and Provincial governments have downloaded costs to municipalities and reduced funding in areas of infrastructure to municipalities making the request for COMRIF funding competitive, and WHEREAS the Federal government, effective January 1, 2008 has reduced the GST to 5%, and WHEREAS it is felt by the One Cent NOW! Campaign that .lost capital that would have been gained from the GST could be regained and distributed to municipalities for infrastructure projects and would deliver about 5 billion dollars per year to municipalities from coast to coast to coast, NOW THEREFORE BE IT HEREBY RESOLVED THAT the Council of The Corporation of the City of Owen Sound hereby supports the One Cent NOW! Campaign, and further THAT funding gained from the One Cent NOW! Campaign be disbursed to municipalities to support local infrastructure, and further THAT this resolution be forwarded to Prime Minister Steven Harper; The Honourable Jim Flaherty, Federal Minister of Finance; the Honourable Lawrence Cannon, Minister of Transportation, Infrastructure and Communities; Larry Miller, M.P., Sruce-Grey-Owen Sound; and the Federation of Canadian Municipalities, seeking their support of the efforts of municipalities in gaining funding toward local infrastructure, and further THAT this resolution be copied to Premier Dalton McGuinty; The Honourable Dwight Duncan, Provincial Minister of Finance; The Honourable David Caplan, Minister of Public Infrastructure Renewal; the Association of Municipalities of Ontario; Bill Murdoch, M.P.P., Bruce-Grey-Owen Sound; and Mayor David Miller, City of Toronto, and further THAT this resolution be copied to Stephane Dion, Leader of the Federal Opposition Party and John Tory, Leader of the Provincial Opposition Party, and further THAT this resolution be circulated to all municipalities in Ontario through an AMO broadcast seeking support of municipalities to gain funding for local infrastructure projects." Contact Information: Marion I. Koepke, C.M.O. City Clerk City of Owen Sound 808 2nd Avenue East Owen Sound, Ontario N4K 2H4 Phone (519) 376-1440 ex 221 Fax (519) 371-0511 E-mail mkaepke~;e-owensound.com D/SCL4/MER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario (AMO), its subsidiary companies, officers, directors or agents City of Kingston 216 Ontario Street Kingston, Ontario Canada K7L 2Z3 www.cityofkingston.ca 2008-01-09 ALL MUNICIPALITIES IN ONTARIO WITH A POPULATION OVER 50,000 Dear Sirs: where history and innovation thrive RE: MOTION (3), JANUARY 8, 2008 -CITY OF WATERLOO -PST EXEMPTION AND INFRASTRUCTURE FUNDING; CITY OF OWEN SOUND -ONE CENT NOW! CAMPAIGN I would confirm that Kingston .City Council at its regular meeting held on January 8, 2008, approved the following Motion (3): (3) Moved by Councillor Garrison Seconded by Councillor MacLeod-Kane THAT Council endorse the attached resolutions from the Corporation of the City of Waterloo and the City of Owen Sound and that the resolutions be circulated to the individuals and groups listed in the resolutions. CARRIED Yours truly, ~~~~ ~~ Carolyn Downs City Clerk /ki Enclosures File No. Clerk's Department Corporate Services Phone: {613) 546-4291 ext. 1247 Fax: (613) 546-5232 cdowns@cityofl~ingston.ca OFFICE OF THE: MAYOR CHIEF ADMINISTRATIVE OFFICER CLERK DIRECTOR OF FINANCIAL SERVICES DIRECTOR OF OPERATIONS DIRECTOR OF PLANNING SERVICES DIRECTOR OF BUILDING & ENFORCEMENT SERVICES ~. ~ r THE CORPORATION OF THE T~OVYN OF PELHAM TEL. {905) 892-2607 FAX (905) 892-5055 POST OFFICE BOX 400 PELHAM MUNICIPAL BUILDING, 20 PELHAM TOWN SQUARE FONTHILL, ONTARIO LOS 1E0 November 16, 2007 MR. CRAIG A. STIRTZINGER, GENERAL MANAGER, COMMUNICATIONS, COUNCIL & LEGISLATIVE SERVICES CITY CLERK CITY OF WELLAND 60 EAST MAIN STREET WELLAND ON L3B 3X4 Dear Mr. Stirtzinger: This is to advise that Council of the Town of Pelham, at its regular meeting held on Monday, October 15, 2007, resolved to enact the following resolution: "THAT Council of the Town of Pelham endorse the resolution enacted by the City of Welland whereby they oppose the Niagara Regional Police Commission's Plan to shop for automobiles in the USA and that they be encouraged to purchase only domestic vehicles; AND FURTHER THAT a copy of this resolution be forwarded to the Niagara Regional Police, Regional Municipality of Niagara and area municipalities." Yours very truly, Cheryl Miclette, AMCT Town Clerk CC: Niagara Regional Police Commission Regional Municipality of Niagara ~'~'1CJru n ici pa I ities ..,. (2/20/2008) Dean lortida - 2008 Resolution_Newmarket Feb 11 doc Page 1 .SOWN OF T HFwMARKE February 11, 2008 Moved by: Councillor Woodhouse Seconded by: Regional Councillor Taylor RESOLUTION R1-2008 WHEREAS it is in the public interest to ensure that access to disabled parking spaces for persons with disabilities is readily available; AND WHEREAS it would appear that there is a misuse of disabled parking permits and parking spaces; AND WHEREAS the Provincial Government of Ontario supports quality of life for persons with disabilities through its Accessibility for Ontarians with Disabilities Act and Ontarians with Disabilities Act legislation THEREFORE BE IT RESOLVED by the Municipal Council of the Corporation of the Town of Newmarket, and supported by its Accessibility Advisory Committee, as follows: THAT the Premier of Ontario be requested to take action to eliminate the misuse of disabled parking permits and parking spaces, including but not limited to such actions as: • Ensure that Justices of the Peace enforce the minimum fines that apply to offenders • Provide for a two point penalty on the offender's driver's license • Establish penalties for the misuse of a disabled parking permit including fines and a two point penalty on the offender's driver's license • Require people who hold a disabled parking permit to obtain a special photo identification card • Provide for minimum fines for those who block disabled parking spaces (i.e. using disabled parking spaces for snow storage) AND THAT a copy of this resolution be forwarded to the Premier of Ontario for action, the Attorney General, the Lieutenant Governor and to the Association of Municipalities of Ontario for email circulation to municipalities and their Accessibility Advisory Committees requesting their support. Tony Van Bynen Mayor Town of Newmarket 395 Mulock Drive Newmarket, ON L3Y 4X7 CIPALITY OF SOUTH BRUCE MUNICIPAL OFFICE v.o. e<. uo 21 Gordon St E TEESWATER, Ontario NOG 2S0 Phone 519-392-6623 Fax 519-392-6266 Email drothCa~town.sauthbruce.on.ca Resolution of the Council of the Municipality of South Bruce January 8, 2008 M08-009 WHEREAS, the McGuinty Government is proposing a Provincial ban on cosmetic urban pesticide use WHEREAS, many cities and towns across Ontario have already implemented urban pesticide use by- laws -most of which inadvertently also restrict or potentially restrict agricultural pesticide use on land used for agricultural production located within and/or adjoining these urban areas. WHEREAS, a provincial ban will send a signal to the public that pesticides are inherently dangerous; so much so that they need to be banned. The anti-pesticide activists will swing their efforts and media coverage towards agriculture promoting a similar ban or restriction on pesticide use. WHEREAS, the dangers of pesticides are related more to irresponsible use than to the products themselves. NOW THEREFORE BE IT RESOLVED, that we request the Provincial Government to implement a "Responsible Use Plan" for urban pesticide use and not impose a ban on cosmetic pesticide use. The components of a "Responsible Use Plan for Urban Pesticide Use" would include: - a minimum training requirement for "anyone" to purchase or apply urban pesticides - similar to Grower Pesticide Safety Certificate that has been in effect for agriculture for many years. - a minimum training requirement for vendors selling urban pesticides, similar to Vendor Pesticide Certificate that has been required in agriculture for many years. - Some pesticide schedules to be applied by professionals licensed exterminators) only - a media campaign to educate homeowners on proper pesticide use and to discourage cosmetic pesticide use. AND FURTHER, that this resolution be forwarded to the Minister of the Environment, Minster of Agriculture, Food and Rural Affairs, local MPP, and all ROMA municipalities. The Ontario agricultural community has been very proactive in establishing an effective education, training, warehouse and application standards and licensing system for the agricultural industry. We would encourage the non-agricultural community of Ontario to take a similar approach. Contact Information: Debra 6. Roth, Clerk Municipality of South Bruce 21 Gordon St E., P 0 Box 640 Teeswater, Ontario NOG 2S0 TL~..~IJ .~ fiCC ~K~tere S~i~~ C~irn$ 77~: Mountain.,. February 8, 2008 Ontario Medical Association 525 University Avenue, Suite 200 Toronto, Ontario M5G 2K7 Attention: Janice Willett, President Dear Ms. Willett: Re: Amendment to the Smoke-Free Ontario Act Please be advised that Thorold City Council, at its February 5, 2008 meeting, adopted the following resolution: THAT the resolution adopted by the Township of Wainfleet, at its meeting of January 8, 2008, petitioning the provincial government to amend the Smoke-Free Ontario Act to ban smoking in vehicles carrying children and to provide adequate resources for the enforcement of this legislation be received and supported. Yours truly, ',~, Susan Daniels, AMCT Deputy City Clerk SMD:hhm cc: The Honourable Dalton McGuinty, Premier of Ontario The Honourable Margarett Best, Minister of Health Promotion Peter Kormos, M.P.P., Niagara Centre Riding Niagara Area Municipalities em: M. Weir, Chief Administrative Officer J.K. Bice, City Clerk City of Thorold P.O. Box 1044, 3540 Schn~on Parkway, Thorold, Ontario L2V 4A7 www thoroldcom Tel: 905-227-6613 ~~rpvrution of w~ R~ s M t met tangy 08-36 Ms. Janet W illett Ontario Medical Association 525 University Avenue Suite 200 Toronto, ON M5G~2K7 Dear Madam: January 17, 2008 At its meeting of January 15, 2008, Welland City Council passed the following resolution: "THAT THE COUNCIL OF THE CITY OF WELLAND supports the actions of Ontario Medical Association advocating for a ban on smoking in cars transporting children to help protect them from the negative health impacts of second- hand-smoke (SHS); and initiating a call for Provincial legislation to ban smoking in vehicles where children are present." Yours very truly, ~~ {~ .~ ,- CAS/tb CRA A. STIRTZINGER, General Manager, Communications, Council and Legislative Services/City Clerk c.c. -Niagara Area Municipalities - The Honourable Dalton McGuinty, Premier of Ontario, Legislative Building, Queen's Park, Toronto, Ontario, M7A 1 Al -The Honourable Margarett Best, Minister of Health Promotion, 777 Bay Street, 18th Floor Toronto, Ontario, M7A 1 S5 - Mr. Peter Kormos, M.P.P., 60 King Street, Unit 103, Welland, Ontario, L3B 6A4 THE CORPORATION OF t~t~~:~. F~i.L~ OLE~t~'~ ~~ ~~.{ ~,~~~,* ~~ t~~;~. THE CITY OF WELLAND Office of the General Manager, Communications, Council and Legislative Services/City Clerk 60 East Main Street Welland ON L3B 3X4 Phone: 905-735-1700 Fax: 905-732-1919 Website: www.welland.ca E-mail: craiq stirtzinc~er@welland.ca Jan, 15. 2a0$ 4:31PM No. $~09 P, 1/2 '~_~ ~~t .-~r~'~'.~ TOWNSHIP OF WAINFLEET ~~ ° ~.~r ~,~ .~ ~~~``i Box 40, 19M43 Hwy #3, Wainfleet, ON LOS 1 VO r;r;~ Tel: 905-899-3463 Fax: 905-599-2340 • www.township.wainfleet.on.ca _ , ~.~. File: Regional Public Health January 15, 200$ Ontario Medical Association 525 University Avenue Suite 200 Toronto, ON MSG 2K7 Attention: Janice Willett, President Dear Ms. Willett Please be advised that Council for the Township of Wainfleet at its meeting held on January 8~', 2008 passed the following resolution in support of banning smoking in vehicles with children: WHEREAS children exposed to second-hand smoke are at a higher risk for respiratory illnesses including asthma, bronchitis and pneumonia, as well as sudden infant death syndrome (SIDS) and increased incidences of cancer and heart disease in adulthood; AND WHEREAS the World Health Organization and Health Canada agree that second-hand smoke is carcinogenic to humans, causing more than 1,000 deaths per year in non-smokers in Canada; AND WHEREAS the Ontario Medical Association concludes that levels of second-hand smoke can be 23 times more concentrated in a vehicle than in a house because circulation is restricted within a small space; AND V~HEREAS in 2004 approximately half of all Canadian parents smoked in their home, 44 per cent of them also frequently smoked in their vehicle, and only 54 per cent said they never smoked with children under the age of 18 in the vehicle; AND WHEREAS the Ontario Medical Association is calling for the province to protect Onta.rians from second-hand smoke by banning smoking in vehicles carrying children; AND WHEREAS California and South Australia recently joined several jurisdictions of the United States of America (Arkansas; Louisiana; Bangor, Maine; Keyport, New Jersey and Rockland County, New Yorks in banning smoking in vehicles carrying children; AND WHEREAS the Ontario Tobacco Research Unit reports that support for banning smoking in motor vehicles in Ontario increased from 68 per cent in 2002 to 78 per cent in 2005; AND ~'VHEREAS one of the 2005 pan-Canadian health goals states that "Canada is a country where: our children reach their full potential, growing up happy, healthy, confident and secure"; Jan.1~. 200$ 4:31PM No. $50g P. 2/2 2008 O1 15 Ontario Medical Association Page 2 AND Vt~'HEREAS Canada's Child Health Charter, July 2007, put forward by the College of Family Physicians of Canada with the Canadian Paediatric Society indicates that children need clean air to develop to full potential; NOW THEREFORE BE IT RESOLVED that Council for the Township of t~Va.infleet hereby petitions the provincial government to amend the Smoke-Free Ontario Act to ban smoking in vehicles carrying children, and provide adequate resources for the enforcement of this legislation; AND BE IT FURTHER RESOLVED that this resolution be forwarded to area municipalities far their endorsement, with copies sent to the Premier of Ontario, the provincial Minister of Health Promotion and Peter Kormos, MPP. Yours truly, Scott Luey Acting Clerk 05-004 cc: Niagara Area Municipalities Hon. Dalton McGuinty, Premier of Ontario Hon. Margarett Best, Minister of Health Promotion Peter Kormos, MPP ~Yb® .~ C 1Xrhercr ~~:i.~s C~iml~ T1~ ~2cruntain.., ~ ~~~ ~~ ~~~ ~~~ February 8, 2008 The Honourable James M. Flaherty, Department of Finance Canada 140 O'Connor Street Ottawa, Ontario K1A OG5 The Honourable Josee Verner Minister of Canadian Heritage, Status of Women and Official Languages House of Commons Ottawa, Ontario K1 A OA6 Dear Ministers: Re: Federal Financial Tax Incentives for Heritage Places Please be advised that Thorold City Council, at its February 5, 2008 meeting, adopted the following resolution: WHEREAS, according to the Heritage Canada Foundation, Canada has lost more than 20% of its pre-1920 heritage buildings to demolition over the past 30 years; AND WHEREAS the Heritage Canada Foundation. has stated that urgent action is needed to stop the demolition of Canadian landmarks, to restore and re-use them, and to acknowledge their value as a reminder of our origins and cultures; AND WHEREAS heritage structures are also a valuable economic development resource, supporting re-urbanisation initiatives and tourism as well as providing environmental benefifs by way of reducing landfill, preserving natural resources and promoting sustainability; AND WHEREAS there are currently no financial incentives to encourage private sector investment in the rehabilitation of historic properties; AND WHEREAS Heritage Thorold LACAC has requested the City of Thorold pass a resolution requesting the Federal government to introduce financial incentives which would encourage private sector investment in the rehabilitation of historic properties. NOW THEREFORE BE IT RESOLVED THAT the Corporation of The City of Thorold requests the Federal Ministers of Finance and Canadian Heritage to establish financial tax incentives for the rehabilitation of heritage bui~lydinnngls~~which would encourage private sector investment in the rehabilitation of histQ~~ic~ O~TI101'01~ P.0.6ox 1044, 3540 3chmon Parkway, Thorold, Ontario L2V 4A7 wuuw.thoro/d.com Tel: 905-227-6613 Page 2, Letter re Tax Incentives for Herita a Places AND FURTHER THAT this motion be forwarded to John Maloney, M.P., Welland Riding; Peter Kormos, M.P.P., Welland Riding; the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, the Regional Municipality of Niagara and area municipalities for their support. Yours truly, :~ GZr usan Daniels, AMCT Deputy City Clerk SMD:hhm cc: John Maloney, M.P., Welland Riding Peter Kormos, M.P.P., Welland Riding Federation fo Canadian Municipalities Association of Municipalities of Ontario The Regional Municipality of Niagara Area Municipalities Pamela Minns, Secretary, Heritage Thorold LACAC em: M. Weir, Chief Administrative Officer J.K. Bice, City Clerk M. Mauro, Director of Finance A. Arbour, Director of Planning and Building Services City of Kingston 216 Ontario Street Kingston, Ontario Canada K7L 2Z3 www.cityofkingston.ca where history and innovation thrive 2008-01-09 ALL MUNICII'ALITIES IN ONTARIO WITH A POPULATION OVER 50,000 Dear Sirs: RE: MOTTON (1), JANUARY 8, 2008 -SIR JOHN A. MACDONALD DAY I would confirm that Kingston City Council at its regular meeting held on January 8, 2008, approved the following Motion (1): (1) Moved by Councillor Matheson Seconded by Deputy Mayor Glover WHEREAS January 11 t" is the recognized Birthday of Sir John A. Macdonald; and, WHEREAS Sir John A. Macdonald was a City Councillor, Father of Confederation, Canada's 1St Prime Mister and a key builder of our nation Canada; and, WHEREAS Sir John A. Macdonald's roots in Kingston go far and deep and given that Kingston is where .the dream of Confederation was born; and WHEREAS Kingston is the final resting place of Sir John-A. Macdonald; and, THEREFORE BE IT RESOLVED THAT from this day forward, January 11 t" be recognized as Sir John A. Macdonald Day in the City of Kingston, with appropriate celebrations to thaf effect; and, BE 1T FUTHER RESOLVED THAT this proclamation be sent to all Ontario municipalities with a population over 50,000 encouraging them to declare likewise, and further that this notice be sent to the Honourable Peter Milliken, MP for Kingston and the Islands, the Honourable John Gerretsen, MPP for Kingston and the Islands, and the Heritage Minister and encourage the Federal Government to proclaim this as a National Holiday. CARRIED Yours truly, ~ Carolyn Downs City Clerk /ki File No. Clerk's Department Corporate Services Phone: (613) 546-4291 ext. 1247 Fax: (613) 546-5232 cdowns@cityofkingston.ca I ~~ Box 820, 701 County Road #36, R.R. #3, Bobcaygeon, Ontario, KOM lA0 Tel.(705) 738-3800 Fax (705) 738-3801 February 1, 2008 To: All Ontario Municipalities The Council of the Township of Galway-Cavendish & Harvey adopted the following resolution at their Council meeting on January 22"d, 2008: WHEREAS handguns have the sole purpose of killing people; AND WHEREAS many lives are being lost by the use of handguns; NOW THEREFORE BE IT RESOLVED that the Township of Galway-Cavendish & Harvey petition the Government of Canada and the Province of Ontario to ban the ownership of handguns; BE IT FURTHER RESOLVED that this resolution be forwarded to Prime Minister Steven Harper, Premier Dalton McGuinty, Barry Devolin, MP, Laurie Scott, MPP, and to all Municipalities in the Province of Ontario for consideration and endorsement. Please present this resolution to your members of Council for their consideration and endorsement. Yours truly, Natalie Garnett, MA, CMO Clerk ngarnett@galwaycavendishharvey.ca D/SCL4/MER This material is provided under contract as a paid service by the originating organization and does not necessari/y ref/ect the view or positions of the Association of Municipalities of Ontario (AMO), its subsidiary companies, officers, directors or agents. VUct~loo RESOLUTION OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WATERLOO January 14, 2008 RE: Canadian Broadcasting Corporation "WHEREAS the Federal Heritage Committee noted that the Canadian Broadcasting Corporation ("CBC") needs to do more in the area of local programming; AND WHEREAS the CBC is seeking increased federal funding to establish thirteen new regional CBC radio stations; AND WHEREAS Waterloo Region is one of the recommended designated areas; AND WHEREAS these Regional radio stations would be part of the CBC Radio One Network providing local morning and late afternoon programming created and broadcast locally; the remainder of the programming would be nationally produced and broadcast; AND WHEREAS a Waterloo Region CBC radio station would provide local broadcast morning and afternoon programs to tell local stories, focus on public affairs and inform debate on local issues to national and international media providing access to the country and the world. NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the City of Waterloo is supportive of a Waterloo Region CBC radio station which recognizes the Region as one of the fastest growing areas, with its own cultural, economic and educational identity, which as an under serviced area, should have increased access to local public broadcasting services providing distinct coverage of local and regional news, culture and public affairs; AND FURTHER that Waterloo City Council call on the Federal Government and Heritage Minister to include sustainable funding to ensure this service can be provided for the Region of Waterloo and other regional radio stations; AND FURTHER that this resolution be circulated to the Region of Waterloo Members of Parliament, the House of Commons Standing Committee on Canadian Heritage, the Prime Minister, the Minister of Heritage, the Chair of the CBC,. the President of the CBC, the Association of Municipalities of Ontario and the Federation of Canadian Municipalities. AND THAT municipalities consider a motion in support of this initiative." For further information, please contact Susan Greatrix, City Clerk The Corporation of the City of Waterloo 100 Regina Street South, Waterloo, ON N2J 4A8 Telephone: 519-747-8705 Fax: 519-747-8510 E-mail: sgreatrix@city.waterloo.on.ca 1 I ~ 3 . MOTION OF THE COUNCIL OF-THE CORPORATION OF ~ THE CITY OF KINGSTON Motion (2) - January 22, 2008, Meeting No. 04-2008 (2} Moved by Councillor Foster Seconded'by Councillor Matheson WHEREAS malaria is the leading killer of children in Africa, taking a child's life every 30 seconds; and, WHEREAS on April 25f"; 2000; at the African Summif in Abuja, Nigeria, Africa Malaria Day was declared as April 25t" as a commitment by all nations to halve the burden of malaria by 2010; and, WHEREAS April 25t" is also known and recognized as World Malaria Day by the international community; and, WHEREAS the United Nations acknowledges the importance of the need to halt and begin to reverse the incidence of malaria not only as a goal in itself, but as an essential path toward achieving all the Millennium Development Goals by the target day of 2015; and, WHEREAS Canadian citizens make an immense contribution to improving quality of life in communities around the ~rvorld through .their efforts as volunteers and supporters of international cooperation and partnership; and, WHEREAS the City of Kingston is committed to international cooperation and partnership to improve the quality of life of all people; and, WHEREAS "BUY A-NET Malaria Prevention Group'; a Kingston based registered charitable Canadian citizen-driven volunteer initiative, believes that together, as united citizens against malaria, we can prevent malaria and alleviate. the pain and suffering inflicted upon people (particularly children. and pregnant women) in Africa through the procurement and distribution of long lasting insecticide treated bed nets and anti- ma/aria medicines free-of charge, one village at a time; and, WHEREAS the City of Kingston was host to the first annual Canadian event in support of World Malaria Day; and, WHEREAS Kingston was the first city in Canada to proclaim April 25t" as World Malaria Day; and, WHEREAS the City of Kingston .urges organizations .and citizens of Kingston to consider contributing what they can to prevent the incidence of malaria in Africa; and, WHEREAS the designation of Fort Henry in Kingston and the Rideau Canal as a UNESCO World Heritage Destination has a connection to malaria in that 100's ofworker died building this. infrastructure that is so important to Canadian history and our quality of life; and, WHEREAS it takes so little to make a difference; for $350.00 a village in Africa can be provided with bed nets thereby greatly reducing the incidence of malaria; THEREFORE BE IT RESOLVED THAT the Mayor and City Councillors kick-off a City of Kingston drive to "net a village" in Africa by encouraging personal contributions to the campaign; and, BE IT FURTHER RESOLVED THAT Mayor Harvey Rosen and City Council urge all citizens of Kingston and of all Ontario municipalities to adopt a village by considering a contribution to prevent the incidence of malaria in Africa; and, BE /T FURTHER RESOLVED THAT Mayor, Harvey Rosen and City Council recognize April 25f", 2008, as World Malaria Day and urge the Canadian Federation of Municipalities to also pass a resolution endorsing the recognition of April 25t", 2008, as World Malaria Day and to encourage its member municipalities to "Net a Village" in Africa. CARRIED AS AMENDED ~'~ ©~ ~~ stop 216 Ontario Street Kingston, Ontario Canada K7L 2Z3 www.cityofkingston.ca where history and innovation thrive 2008-01-23 AlI Municipalities with a Population Over 50,000 RE: BUY-A-NET MALARIA PREVENTION GROUP I would confirm that Kingston City Council, at its regular Council meeting held on January 22, 2008, approved the attached Motion (2}. Yours truly, Carolyn Downs City Clerk /ki Enclosure File No. Clerk's Department Corporate Services Phone: (613) 546-4291 ext. 1247 Fax: (613) 546-5232 cdowns@cityoflcingston.ca "~ OFFICE OF THE: MAYOR CHIEF ADMINISTRATIVE OFFICER CLERK DIRECTOR OF FINANCIAL SERVICES DIRECTOR OF OPERATIONS DIRECTOR OF PLANNING SERVICES DIRECTOR OF BUILDING & ENFORCEMENT SERVICES r, ~~ `F ~K ,A_ Y rat r; THE CORPORATION OF THE TOVYN OF' PELHAM TEL. (905) 892-2607 FAX (905) 892-5055 POST OFFICE BOX 400 PELHAM MUNICIPAL BUILDING, 20 PELHAM TOWN SOUARE FONTHILL, ONTARIO LOS 1 EO January 25, 2008 MR. KENNETH J. BROTHERS, P. ENG. COMMISSIONER OF PUBLIC WORKS REGIONAL MUNICIPALITY OF NIAGARA 3501 SCHMON PARKWAY P. O. BOX 1042 THOROLD ON L2V 4T7 Dear Mr. Brothers: RE: Transfer of the Administration of the Ontario Building Code Part 8 (Sewage Systems) Program to the Niagara Region Public Works Department This is to advise that Council of the Town of Pelham, at its last regular meeting held on Monday, January 21, 2008, approved the following recommendation: "THAT Committee recommend that Council advise the Region of Niagara that Council would have no objection to the transfer of the Administration of the Ontario Building Code, Part 8 Sewage Systems (Septic Permits), from the Region's Public Health Department to the Region's Public Works Department provided the following issues are addressed to the satisfaction of the Council of the Town of Pelham: 1. that the Region of Niagara undertake a proactive public campaign to notify the public well in advance of the transfer; 2. that the transfer is made in a seamless manner with little, if any, disruption to the service, the public and other stakeholders 3. that the staff designated to undertake the responsibilities of the service be fully qualified in accordance with the requirements of the Building Code Act and the Ontario Building Code including the qualifications of the Chief Building Official and inspectors appointed by the Region to administer the Building Code Act and Part 8 of the Ontario Building Code; AND THAT the Clerk forward to the Region forthwith a copy of Report B&E-03108 outlining the Town's concerns regarding the proposed transfer and request that the Region confirm that the above recommendations will be satisfied in the event that the Region proceeds with the transfer." Attached please find a copy of Report B&E-o3/08 which outlines the Town's concerns regarding the proposed transfer. The report also requests that the Region confirm, in writing, that the above recommendations will be satisfied in the event that the Region proceeds with the transfer. Yours very truly, Cheryl Mic~lette, AMCT Town Clerk Enclosure Cc: Dr. Robin Williams, MD, DPH, FRCPC Medical Officer of Health Mrs. Pam Gilroy, Regional Clerk Regional Municipality of Niagara ~~unicipalities Director of Building & By-law Enforcement Services E. Cronier • _ B E -3/08 f ~. ~ ~~ ~ \ U `' Item # ~'. C f~ ~. tx r :~;~ ~. TOWN OF PELHAM COMMITTEE REPORT REPORT TO: MEETING DATE: SUBJECT: Councillor M. Allen and Members of the General Committee, Corporate Services Division January 21, 2008 Transfer of Administration of Sewage System (Septic} Permits from Regional Public Health to Regional Public Works PREPARED AND SUBMITTED BY: ~i~ APPROVED BY: Ernie Cronier, BA, CBCO, CPSO Martin ~amich, B.A., C A Director of Building and Enforcement Services Chief Administrative O icer RECOMMENDATIONS: THAT Committee recommend that Council advise the Region of Niagara that Council would have no objection to the transfer of the Administration of the Ontario Building Code, Part 8 Sewage Systems (Septic Permits), from the Region's Public Health Department to the Region's Public Works Department provided the following issues are addressed to the satisfaction of the Council of the Town of Pelham: 1. That the Region of Niagara undertakes a proactive public campaign to notify the public well in advance of the transfer; 2. That the transfer is made in a seamless manner with little, if any, disruption to the service, the public and other stakeholders; 3. That the staff designated to undertake the responsibilities of the service be fully qualified in accordance with the requirements of the Building Code Act and the Ontario Building Code including the qualifications of the Chief Building Official and inspectors appointed by the Region to administer the Building Code Act and Part 8 of the Ontario Building Code. That the Clerk forward to the Region forthwith a copy of Report B&E-03108 outlining the Town's concerns regarding the proposed transfer and request that the Region confirm that the above recommendations wilt be satisfied in the event that the Region proceeds with the transfer. FINANCIAL, LEGAL AND STAFFING IMPLICATIONS: There are no financial, legal or staffing implications to the Town of Pelham. Page 2 of 4 SUMMARY: a) Origin of Report The Town received correspondence from the Region of Niagara, appended as Attachment No. 1, indicating that the Region is contemplating a transfer of the responsibilities for the administration of Part 8, sewage systems, of the Ontario Building Code from the Region's Public Health Department to the Region's Public Works Department and asking for confirmation of the Town's acceptance. b) Authority Section 3 of the Building Code Act allows municipalities, including upper-tier municipalities, to enter into agreements for the enforcement of all or part of the Building Code Act and Ontario Building Code. The Town entered into such an agreement with the Regional Municipality of Niagara in 1998 to allow the Region of Niagara to administer Part 8, Sewage Systems, of the Ontario Building Code and those applicable parts of the Building Code Act necessary for enforcement. This was done when the provisions for sewage systems (septics) were transferred from the jurisdiction of the Environmental Protection Act to the Building Code Act. c} Purpose To determine Council's position with respect to the Region's proposed transfer of the administration of the sewage system provisions from the Region's Public Health Department to the Region's Public Works Department and advise the Region accordingly. d) Key Strategic Issue Risk Management and Policy Standards BACKGROUND: a} Overview. In 1998 The Town entered into an agreement with the Regional Municipality of Niagara to delegate to the Regional Health Department the responsibilities of the Building Code Act (Act) and Ontario Building Code (OBC) with respect to the administration and enforcement of Part 8 -sewage systems - of the OBC dealing with on-site private septic systems. The province had decided to move the sewage system provisions from the jurisdiction of the Environmental Protection Act to the Building Code Act as a measure to streamline the permit process. Through similar agreements most of the area municipalities in Niagara decided to retain the services of the Regional Niagara Health Department to continue the administration and enforcement of these provisions as the best trained and most experienced agency to deal with these specialized matters. Page 3 of 4 ' Although the original agreement was with the Region of Niagara and did not specifically name the Health Department as the authority which would be undertaking the responsibilities for the administration and enforcement of the sewage system provisions it was understood by all parties that these responsibilities would rest with the Health Department which had the policies, current records, trained personnel and expertise to deal with them. These key elements were instrumental in the municipality's decision to keep the status quo with respect to the issuance of septic permits and inspections rather than the Town assume the duties and either contract the service or force staff which had no experience with septics to train and take on the unfamiliar duties. Staff is concerned that if the responsibilities are transferred to Regional Public Works then the Region will take all steps necessary to ensure the public is notified, the transition is seamless without service disruption and that the personnel given the duties are adequately experienced and qualified to administer and enforce the regulations. Currently the Manager of Food Safety and Healthy Environments is appointed by the Region (Regional By-law No. 8983-98) under the Act as Chief Building Official for the purposes of enforcement of the Act and OBC in those municipalities where the Region has been delegated the authority. The inspectors have also been appointed (Regional By-law No. 8984-98) in accordance with the Act to carry out the duties as described in the Act and OBC. New or replacement staff would have to be appointed accordingly and have the necessary qualifications required by the legislation. Section 15-11 of the Act states as follows: 15-11(1 } A person is not eligible to be appointed as a chief building official unless he or she has the qualifications set out in the building code for the position. 15-11(3) A person is not eligible to be appointed as an inspector under this Act unless he or she has the qualifications set out in the building code for the position. Division C, Part 3, Section 3.1.2.1 of the OBC requires that in order for a person to be appointed and remain appointed under the Act as a chief building official the person must have successfully completed the appropriate examination program related to his or her powers and duties and have registered such qualifications with the Ministry. Similarly Division C, Part 3, Section 3.1.4.1 of the ABC requires that in order for a person to be appointed and remain appointed under the Act as an inspector that person must have successfully completed the appropriate examination program related to his or her powers and duties and have registered such qualifications with the Ministry as well. These qualifications came into effect since the Town and Region entered into the agreement. They were effective January 1, 2006 and, being provincially mandated would supersede anything relating to qualifications contained in the agreement. We assume that the current chief building official and inspectors have completed the examination program and are duly qualified in accordance with the regulations. The Region has not sent any form of confirmation that this has been addressed for the current staff in the Health Department. Page 4 of 4 Therefore, it is staffs opinion that a transfer of the administration of the sewage system ' provisions of the Act and OBC from the Region's Health Department to the Public Works Department would be acceptable provided the Region can confirm that the public will be adequately notified in advance, the transition will be as seamless as possible with the least disruption to the service and that the personnel designated to administer and enforce the Act and regulations are properly qualified in accordance with the Act and OBC. b) Alternatives 1. As recommended, support the transfer provided the Region can confirm that Council's concerns be addressed; 2. Not recommended, insist that the responsibilities for sewage systems stay within the Regional Health Department; 3. Not recommended, terminate the agreement and assume the responsibilities for sewage systems in house. c) Consultation Staff of the Regional Public Works Department and the Chief Building Officials Niagara group. d) Prepared By Ernie Cronier Dir. Building & Enforcement Services ATTACHMENTS: Letter dated December 18, 2007 from Kenneth J. Brothers, Commissioner of Public Works and Dr. Robin Williams, Medical Officer of Health. Niagara Region December 18, 2007 :,y :; ' s , =~,: .,_.. ; s -° t ~! =9 Ft f r. Wit: t.'1 . ~ .,.. ... .~ _ ~l ~~ g ~ Ms . Cheryl Miclette, Clerk Town of Pelham P.O. Box 400 20 Pelham Town Square Foothill, ON LOS lE0 Dear Ms. Miclette: REPORT NO. ~ ~~ ' O ~/ ATTACRMEN'T NQ, _ PAGE I'dG. 1 PUBLIC WORKS Water & Wastewater Services 3501 Schmon Parkway, P.O. Box 1042 Thorold ON L2V 4T7 Te1:905-685-1571 TTY:905-984-3613 Toll-free: 1-800-263-7215 Fax: 905-685-5205 www.regional.niagara.on.ca ~----_ ~~~~ 3 i~~ JAS -- ~ ~.~~~ Transfer of the Administration of the Ontario Building Code Part 8 (Sewage System} Program to the Niagara Region Public Works Department In accordance with the 1998 joint agreement (attached), Niagara Region has provided the Town of Pelham with septic system inspection and approval services pursuant to the requirements of the Ontario Building Code for almost a decade. These services are currently delivered by the Public Health Department. The Region is currently reviewing a number of its key business support areas and how it delivers a range of development approval services, including sewage system applications. In this regard, Niagara Region is undertaking a reorganization that will bring together a variety of development approval functions under one roof. Our goal is to create an easily accessible point of contact for municipal customers - a "one-stop shop" that will improve our internal and external customer service. This letter is provided to advise -you of proposed organizational improvements to the Region's service delivery model septic system application approvals. Niagara Region recognizes that significant advantages could be realized through the transfer of the Ontario Building Code Part 8 (Sewage Systems) Program from the Public Health Department to Public Works. Accordingly, the Public Works Department would become the authority having jurisdiction over OBC enforcement and the administration of the Building Code Act with respect to sewage systems. We believe the transfer of this responsibility to Public Works to be a natural fit, recognizing the Department's water and wastewater mandate, current environment legislation and the opportunity presented to consolidate similar land development services. Building Community. Building Lives. REPGRT NG' `. ATTAC~MEN'T ~~' ~ WAGE N(). ~ Cheryl Miclette .~. Town of Pelham ' December 18, 2007 Page 2 The transfer of responsibility for the Ontario Building Code Part 8 (Sewage Systems) Program would also involve the reassignment of expertise, staff and resources to Public Works. Successful completion of this changeover will provide the Region and its clients with the best possible service delivery model to perform this and other related development approval functions. In achieving this objective, the Region is committed to the continuous and uninterrupted delivery of this inspection and approval service in the same professional manner that has characterized our role over the past decade. We understand- that the designation of the Public Works Department as the delivery agent for Regional sewage system approvals will not affect the current agreement between the Town of Pelham and the Region. Although we see no need to modify the provisions of the existing Sewage System Management Agreement, you may wish to review its terms and conditions and advise us, if appropriate, of any concerns that you may have concerning the current contractual arrangements. We will continue to update you on the status of our transition plan as it moves forward over the next few months. If you require further clarification on the transfer of the Ontario Building Code Part 8 (Sewage Systems) Program, Public Health and Public Works staff would be happy to meet with Town staff and/or Councillors, at your convenience, to discuss the Region's proposed consolidated service delivery model. We will be contacting you in the near future to ascertain the Town of Pelham's position regarding the continued delivery of this important land development approval service under the authority of the Public Works Department. To satisfy the Region's administrative restructuring schedule, we would appreciate your confirmation by January 18, 2008. In the interim, if you have any questions please contact Bob Steele, Environmental Coordinator, at (905) 685-4225, extension 3745. Q ~~ BS/lr Attachment thers; '.Eng. of Public Works (07 12 18 Part 8 letter- Town of Pelham.doc) Dr. Robin Williams, MD, DPH, FRCPC Medical Officer of Health Copy: Ernie Cornier, Director of Building Services Yours truly, <. , (2%20/2008) Dean lorfida - 2008_Resolution~Amherstburg_Jan 25.doc Page 1 January 25th, 2008 Municipalities of Ontario Dear Councils: Town of Amherstburg Resolution Re: Lead Testing Mandated by Province For Municipal Drinking Water At its meeting of January 14th, 2008, the Council of the Corporation of the Town of Amherstburg resolved as follows: "WHEREAS The Ontario Government amended the existing Drinking Water Systems Regulation O. Reg. 170/03, effective July 2007, mandating Municipalities to comply by performing additional tests at private residential taps to check for lead in the drinking water; AND WHEREAS On May 23~', 2007 the Ministry of the Environment (M.O.E.) issued an order to The Town of Amherstburg and a number of Ontario municipalities to test their drinking water for lead content; AND WHEREAS the cost of the required testing for the Town of Amherstburg is approximately $ 40, 000. DO including lab costs; NOW THEREFORE be it resolved that the Council of the Town of Amherstburg requests the Province of Ontario providing the immediate necessary funding to Ontario Municipalities to finance the costs of the mandated Lead Testing for Municipal Drinking Water. AND FURTHER, that the motion be distributed through AMO to all Ontario Municipalities for support and copied to the Province of Ontario." The above noted resolution is being circulated to all municipalities in Ontario and your favourable consideration of Council's request for support would be greatly appreciated. Pamela Malott Manager of Corporate and Legislative Services & Town Clerk Town of Amherstburg Telephone: (519) 736-0012 Email: pmalott@amherstburg.ca Fax: (519) 736-5403 DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario (AMO), its subsidiary companies, officers, directors or agents. DU Rt IAM R EG ION The Regional Municipality of Durham Clerk's Department 605 ROSSLAND RD. E. Po sox s2s WHITBY ON L1 N 6A3 CANADA 905-668-7711 1-800-372-1102 -Fax: 905-668-9963 E-mail: clerks@region.durham.on.ca www.region.durham.on.ca Pat M. Madill, A.M.C.T., CMM I Regional Clerk _ "Service Excellence for our Communities" ~~~ aim. December 14, 2007 ,~, ~m~lr- . The Right Hoarable Stephen Harper Prime Mi,~s~er . Houma of Commons l~ttawa, ON K1A OA6 . RE: EMPLOYMENT INSURANCE ELIGIBILITY AND LINKS TO INCREASED POVERTY 12007-IS-'I 1) Dear Prime Minister, please be advised the Health & Social Services Committee of Regional Council considered the above matter and at a meeting held on December 12, 2007 Council adopted the following recommendations of the Committee: "WHEREAS Employment Insurance was historically implemented as insurance against unemployment and, even though Employment Insurance rates . deducted from employees have continued to increase, changes to eligibility criteria has substantially reduced the percentage of workers who can access Employment Insurance when they become unemployed; and WHEREAS in 2006 less then 27% of unemployed people in Ontario were eligible for Employment Insurance, compared to over 80% who were eligible in 1989; and WHEREAS eligibility has shifted away from poor families, resulting in those with the lowest income being the most severely affected by the changes in criteria; and WHEREAS a recent study by economists Monica Townson and Kevin Hayes has shown that two out of three working women who pay into Employment Insurance don't receive a single penny in benefits if they lose their jobs, and only 4 in 10 employed men will qualify for benefits if they become unemployed; and ~ ~ . WHEREAS a recent report from UNICEF reported one in six Canadian children are living in poverty, a rate that is 20% higher today than in 1989; and WHEREAS under current rules the system penalised the unemployed in Ontario given that in 2004, only 26% of unemployed Ontarians were eligible for Employment Insurance,. compared with 44% in Quebec, 58% in Nova Scotia and 79% in Newfoundland; and ~ . WHEREAS. there seems to be a correlation between decreased eligibility for Employment Insurance and increased Ontario Works caseloads; and 10096 Post Consumer Page 2 Employment Insurance Eligibility WHEREAS municipalities are responsible for 20% of the costs of Ontario Works benefits and 50% of the administration costs; and WHEREAS a significant recession will greatly increase the already over burdened local property taxpayer to fund social assistance costs; and WHEREAS the media has reported the Federal government's Employment Insurance surplus is $51 billion; THEREFORE BE IT RESOLVED that the Federal Government revamp the criteria for Employment Insurance to ensure Employment Insurance acts as it was designed to be which is an insurance program to assist during periods of unemployment, and that the Premier of Ontario be called upon to advocate on behalf of Ontario and the municipalities of Ontario to ensure that Ontario workers are eligible for benefits under the Employment Insurance program; and BE IT FURTHER RESOLVED THAT copies of this resolution be forwarded to the Prime Minister of Canada, Premier of Ontario, all opposition party leaders, AMO, OMSSA, all Ontario municipalities, aIPHa ar.}el~k~1SC." Pat M. Madill, AMCT, CMM I Regional Clerk PMM/daj c: The Honourable Dalton McGuinty, Premier The Honourable Jim Watson, Minister of Health Promotion Mr. J. Tory MPP, Leader of the Ontario PC Party and Leader of the Official Opposition Mr. H. Hampton, Leader of the Ontario New Democratic Party Ms. L. Stewart, Executive Director, Association of Local Public Health Agencies Ms. ~ L. Reed, Chief Executive Officer, Social Housing Services Corporation AMO Ms. K. Heineck, Executive Director, OMSSA all Ontario municipalities .--___._..~~...,v_n. ~... ~..w...............,......,..._, . Dr. H. Drouin, Commissioner of Social Services OFFICE OF THE: MAYOR CHIEF ADMINISTRATIVE OFFICER CLERK DIRECTOR OF FINANCIAL SERVICES DIRECTOR OF OPERATIONS DIRECTOR OF PLANNING SERVICES DIRECTOR OF BUILDING & ENFORCEMENT SERVICES ~. ;r' ~: rz. THE CORPORATION OF THE ~TOWI`I OF PELHAM TEL. (905) 892-2607 FAX (905) 892-5055 POST OFFICE BOX 400 PELHAM MUNICIPAL BUILDING, 20 PELHAM TOWN SQUARE FONTHILL, ONTARIO LOS 1 EO January 25, 2008 MS. PAT M. MADILL, AMCT, CMM I REGIONAL CLERK THE REGIONAL MUNICIPALITY OF DURHAM 605 ROSSLAND ROAD EAST P. O. BOX 623 WHITBY ON L1 N 6A3 Dear Ms. Madill: RE: Employment Insurance Eligibility & Links to Increased Poverty This is to advise that Council of the Town of Pelham, at its last regular meeting held on Monday, January 21, 2008, enacted the following resolution: "THAT Council of the Town of Pelham endorse and support the resolution enacted by Durham Region whereby they request the Federal Government to revamp the criteria for Employment Insurance to ensure Employment Insurance acts as it was designed to be which is an insurance program to assist during periods of unemployment; AND THAT the Premier of Ontario be called upon to advocate on behalf of Ontario and the municipalities of Ontario to ensure that Ontario workers are eligible for benefits under the Employment Insurance Program; AND THAT a copy of this resolution be forwarded to the Prime Minister of Canada, the Premier of Ontario, the Association of Municipalities of Ontario; the Minister of Health Promotion; local MP's and MPP's and area municipalities." Yours very truly, ~~~ Cheryl Miclette, AMCT Town Clerk Cc: Prime Minister of Canada Premier of Ontario Association of Municipalities of Ontario Minister of Health Promotion Loca I MP's Loca! MPP's ~K~ r:l OFFICE OF THE: ~ ~ ~~Ii'F33e ~'~~~~i f ~~~'~a'~ a(~t ~_Jr~_~~ ~ ¢ ~~~+~. MAYOR CHIEF ADMINISTRATIVE OFFICER ~:~ CLERK .._H}~r DIRECTOR OF FINANCIAL SERVICES THE CORPORATION OF THE DIRECTOR OF OPERATIONS DIRECTOR OF PLANNING SERVICES TowN of PELHAM TEL. (905) 892-2607 DIRECTOR OF BUILDING & ENFORCEMENT SERVICES FAX (905) 892-5055 POST OFFICE BOX 400 PELHAM MUNICIPAL BUILDING, 20 PELHAM TOWN SQUARE FONTHILL, ONTARIO LOS 1 EO January 25, 2008 MRS. CAROLYN LANGLEY, CLERK TOUVNSHIP OF vVEST LINCOLN 318 CANBOROUGH STREET P. O. BOX 400 SMITHVILLE ON LOR 2A0 Dear Mrs. Langley: RE: Proposed Changes to the Regulatory Framework for Non-Agricultural Source Materials This is to advise that Council of the Town of Pelham, at its last regular meeting held on Monday, January 21, 2008, enacted the following resolution: "THAT Correspondence for Action of Council Item 12(1) from the Township of West Lincoln be received; AND THAT Council of the Town of Pelham endorse and support the resolution enacted by the Township of West Lincoln at its December 3, 2001 meeting setting out their concerns regarding the proposed changes to the Regulatory Prarnework for Noy-Agricultural Source Materials; AND THAT a copy of this resolution be forwarded to the Ministry of the Environment; the Ministry of Agriculture, Food ~ Rural Affairs; Mr. Kevin Webster, Senior Policy Coordinator, Ministry of the Environment; the Township of Brock; local MPP's; the Regional Municipality of Niagara and area municipalities." Yours very truly, , ~~ Cheryl Miclette, AMCT Town Clerk Cc: Ministry of the Environment Ministry of Agriculture, Food & Rural Affairs Mr. Kevin Webster, Senior Policy Coordinator, Ministry of the Environment Township of Brock Locai MPP's Regional Municipality of Niagara ~n~ps sfP•2 E~1 ~' ii Legal & Legislative Services December 18, 2007 Kevin Webster Senior Policy Coordinator Ministry of the Environment Waste Management Policy Branch 133 St. Clair Avenue, Floor 7 Toronto, ON M4V 1P5 Dear Mr. Webster: Re: Proposed changes to Regulatory Framework for Non-Agricultural Source Material At the Council meeting of December 17, 2007 the following resolution was passed, respecting the above referenced matter: THAT: The Municipal Council of the Town of Fort Erie supports the position of the Township of West Lincoln respecting the Government of Ontario's proposed changes to the regulatory framework for non-source materials (NASMj for the reasons set out by the said Township, and further THAT: The appropriate persons be so notified of this action. By copy of this letter to the Township of West Lincoln and Area Municipalities they are being so advised of the.. action by the Municipal Council of the Town of Fort Erie. We thank you for your attention to this matter. Yours ery ly, Carol J. Kett, A. .T., Town Clerk ckett orterie.on.ca c.JKJduc c.c. Mr. Peter Partington, Regional Chair Kim Craitor, M.P.P. Niagara Area Municipalities Dui Focus: Your Future Mailing Address: The Corporation of the Town of Fort Erie Municipal Centre, 1 Municipal Centre Drive Fort Erie, Ontario, Canada L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone (905) 871-1600 Fax (905) 871-4022 Web-site: www.forterie.on.ca Flower City ~ ; ~~ brampton.ca Management & Administrative February 1, 2008 The Honourable Dalton McGuinty Premier of Ontario Minister of Intergovernmental Affairs Legislative Building Queen's Park Toronto ON M7A 1A1 The Honourable Jim Bradley Minister of Transportation 77 Wellesley Street West Ferguson Block, 3rd Floor Toronto, ON M7A 1 Z8 *Please see Page #3 for Distribution List Services Department The Honourable Dwight Duncan Minister of Finance 7 Queen's Park Crescent 7t" Floor Toronto, ON M7A 1 Y7 The Honourable Jim Watson Minister of Municipal Affairs & Housing 777 Bay Street 17th Floor Toronto, ON MSG 2E5 Re: Ontario Auto Insurance Legislation (File A27) The following recommendation of the Committee of Council Meeting of January 23, 2008 was approved by the Council of the Corporation of the City of Brampton on January 30, Zoos: CW031-2008 1. That the report from P. Honeyborne, Interim Commissioner of Finance and Treasurer, and Director of Treasury Services and Deputy Treasurer, and R. Parzei, Senior Manager of Investments, Insurance and Risk Management, Finance, dated January 4, 2008, to the Committee of Council Meeting of January 23, 2008, re: Ontario Auto Insurance Legislation (File A27) be received; and, 2. That the Province of Ontario review the impact on public transit of its No-Fault and Accident Benefit legislation with consideration that all public transit be exempted from the Accident Benefit legislation, or alternatively the creation of a modified No- Fault/Accident benefit regime for public transit; and, Brampton City Hall, 2 Wellington Street West, Brampton, ON L6Y 4R2 Tel; 905-874-2000 Fax: 905-874-3838 www.brampton.ca TTY 905-874-~ 130 ~ ' ~ ~ ~ ~ ~ : ! 11 ' ~ i -2- 3. That all Ontario municipalities who operate a Transit system be requested to endorse this recommendation of the City of Brampton; and, 4. That a copy of this recommendation be forwarded to the Association of Municipalities of Ontario. A copy of the subject report is attached for your information. It is requested that the recipients acknowledge receipt of this correspondence. Yours truly, -.. .~ _... ,. Sonya Pacheco Legislative Coordinator City Clerk's Office Tel: 905-874-2178 /Fax: 905-874-2119 sonya.pacheco @ brampton.ca /sp (CW - G4-2} cc: D. McFarlane, Interim Commissioner of Finance and Treasurer T. Mulligan, Commissioner of Works and Transportation S. Bass, Director of Transit, Works and Transportation P. Honeyborne, Director of Treasury Services and Deputy Treasurer, Finance R. Parzei, Senior Manager of Investments, Insurance and Risk Management, Finance Flower City `I brampton.ca Date: January 4, 2008 File: A27 (F06-08} Subject: Ontario Auto Insurance Legislation Standing Committee of the Council of the Corporation of the City of Brampton COi1!tMITTEE OF CODIVCIL DATE:.,~a~n~~or~.~t ~ ~ , 2~~ ~- Contact: Roman Parzei, Senior Manager Investments, Insurance and Risk Management, Finance Department Overview: • Accident Benefits, first introduced under Ontario Motorist Protection Plan (OMPP} legislation in 1990, was primarily intended for private passenger vehicles. • In 2002, the Province of Ontario set up the Auto Insurance Review Committee to review the Auto Insurance legislation. On behalf of all Transit commissions in the GTA area, City of Mississauga wrote to the Auto Insurance Review Committee about the impact the Accident Benefit legislation was having on public transit. It was also requested that public transit be exempted from the Accident Benefit legislation. • Today, the impact of the mandatory Accident Benefits on the City's transit insurance premium and claims experience has been astronomical. • 59% of the 2006 Transit claims were related directly to Ontario's No Fault Auto Insurance legislation and/or the Accident Benefits legislation. The severity of the 59% of Transit claims related to Ontario's No Fault Auto Insurance legislation and/or the Accident Benefits accounted for 82% of the 200fi funds expended on Transit claims. • From 1997 to 2006 OMEX, the City's insurer has paid out over $7.6 million in transit claim settlements. This is on top of the $3.3 million that the City has paid that falls within the self-insured/deductible portion. That is a total payment of $10.9 million on transit claims over the 10-year period with the majority of the payments related directly to Ontario's No Fault Auto Insurance legislation and/or the Accident Benefits legislation. ~`~`~" ~ R eport Committee of Council G~-a-~-~ Overview: • The City pays premiums on 11 separate lines of insurance coverage. Transit insurance premiums generally accounts for 50% of the total cost of the annual premiums. • All of the issues that were raised before the Auto Insurance Review Committee in 2002 on the impact that the Accident Benefit legislation on public transit are still valid today Recommendations: 1) That the Finance Department report "Ontario Auto Insurance Legislation" dated January 4 2008, be received; 2) That the Province of Ontario review the impact on public transit of its No-Fault and Accident Benefit legislation with consideration that all public transit be exempted from the Accident Benefit legislation, or alternatively the creation of a modified No-Fault/Accident benefit regime for public transit; 3) That all Ontario municipalities who operate a Transit system be requested to endorse this position of the City of Brampton; and 4) That a copy of this decision of Council be forwarded to AMO. Background: Following receipt of a report dated May 18, 2007, re: Budget Amendment - Insurance Claims and Risk Management - 2006 Annual Report, Committee of Council at its June 6, 2007 meeting passed a motion (CW260-2007) that included the following: That staff be directed to advise the Province of Ontario of concerns regarding costs to municipalities which operate transit systems as a result of accident benefit provisions of "no fault" automobile insurance Current Situation: Accident Benefits, first introduced under Ontario Motorist Protection Plan (OMPP) legislation in 1990, was primarily intended for private passenger vehicles and are, for the most part, mandatory first party coverage. 2 G~~--Z ~3 I n 2001, in response to the impacts that the Accident Benefit legislation was having on public transit, a series of meetings was held with public transit providers in the GTA, including Brampton Transit. The result was that the City of Mississauga wrote to the Auto Insurance Review Committee on two occasions: January 4, 2002 and October 4, 2002, expressing concern about and the impacts that the Accident Benefit legislation was having on public transit. At that time it was also requested that public transit be exempted from the Accident Benefit legislation. On July 2, 2003 the provincial government released reforms via a White Paper, Automobile Insurance Affordability Plan for Ontario: Next Steps, that they felt would reduce fraud and abuse of the system as well as ensure injured people are treated fairly. Much of the review focused on changes to the automobile legislation, Bill 59, which legislated the manner in which Accident Benefit coverage was administered. Today, the impact of the mandatory Accident Benefits on the City's transit insurance premium and claims experience has been astronomical. Of particular concern is the matter of soft tissue injury. There are many instances where the medical costs associated with a minor soft tissue injury from an alleged bump of a shoulder against a pole, or jostling in a vehicle, have involved multifaceted designated assessment centre evaluations ("DACs") which have alone generated costs in excess of $20,000.00 per claim. This is the cost to simply address one small step in the process, and does. not include various assessments and treatment plans, other medical examinations and report costs, and treatment costs. Nor does it encompass claims for other benefits that are typically involved, such as income replacement benefits. These types of alleged minor soft tissue injuries, and the massive infrastructure surrounding them, are generating enormous and often unwarranted medical and legal costs. Similar bumps or jostles which occur outside the universe of the auto insurance scheme, such as incidents in one's own backyard, certainly do not seem to generate the same degree of medical attention and cost-indeed if they generate any at all. Studies involving soft tissue injuries in countries such as Norway and Lithuania, suggest that human beings are reasonably hardy and resilient, and can actually recover extremely quickly from these types of injuries without the massive compensation and medical regimes in place. Typical of many urban municipal public transit systems, the City is self-insured ($10,000 up to 2006, and $100,000 as of 2007) for a major portion of all Accident Benefit claims and bodily injury tort claims, which are paid directly from the municipal operating budgets. The City pays premiums on 11 separate lines of insurance coverage. Transit insurance premiums generally accounts for 50% of the total cost of annual premiums. In 2006, the Transit insurance premium (with a $10,000 deductible or self-insured) was $1.7 million of the total insurance premiums of $3.0 million or 57%. In 2007 the deductible/self-insured was increased to $100,000 the Transit G~rZ-~ insurance premium was reduced to $1.1 million of the total insurance premiums of $2.3 million or 48%. Of the 201 Transit claims received in 2006, ^ 59% were related directly to Ontario's No Fault auto insurance legislation and/or the Accident Benefits legislation. No-fault insurance means that if you get into an accident, regardless of whether or not it's your fault, your own insurance pays for the damage to your vehicle and for your injuries. o There were 81 claims, or 41 % of all transit claims received in 2006, where the City must look to its own insurer for recovery of damages by 3rd parties who were at fault causing damage to our busses. o There were 36 accident benefit claims, or 18%, where the City had to cover personal injury suffered by a passenger who had no auto insurance of their own. It is interesting to note that the severity of the 59% of Transit claims related to Ontario's No Fault Auto Insurance legislation and/or the Accident Benefits accounted for 82% of the 2006 funds expended on Transit claims. From 1997 to 2006 OMEX, the City's insurer has paid out over $7.6 million in transit claim settlements. This is on top of the $3.3 million that the City has paid that falls within the self-insured/deductible portion. That is a total payment of $10.9 million on transit claims over the 10-year period with the majority of the payments related directly to Ontario's No Fault auto insurance legislation and/or the Accident Benefits legislation. All of the issues that were raised before the Auto Insurance Review Committee in 2002 on the impact that the Accident Benefit legislation has on public transit are still valid today. These issues that were raised at the time are summarized as follows: 1. There is little accountability on a passenger to putting in an accident benefit claim, as they will not be impacted by any automobile insurance rate increase. In many cases, after conducting an investigation, claimants who have appropriate coverage available, still make a point of attempting to claim under the transit service provider policy. 2. Due to the high cost of insurance, many transit service providers retain large deductibles on accident benefit coverage. It is very difficult to transfer these costs into increased fare hikes. Higher fares result in negative impacts, such as increased automobile usage and related congestion and air quality deterioration as well as an increased financial burden on those who have no other means of transportation. 3. Public transit is extremely vulnerable under this legislation. The cost of handling both an Accident Benefit claim and a bodily injury tort claim, which 4 ~~~~~ must be handled separate of one another, further impacts the operating budget since in most cases, the City is claimed against twice. 4. Accident Benefit claims are payable regardless of fault. Public transit is in the business of transporting large amounts of people at any given time. Unlike private passenger vehicles, public transit is exposed to a higher degree of risk, including unpredictable traffic and passenger safety conditions. The safety features applicable to an automobile are not applicable to public transit. In addition, no matter how much driver safety training is provided and safety features are introduced, the fact remains, public transit is overly susceptible for Accident Benefit claims. 5. There is no duty to report an incident to the public transit driver or police at the time of the incident occurring. Reports are received days later many times without the driver having any knowledge of the incident. 6. The frequency and severity of these no fault payments are uncontrollable with little or no possibility of effective risk management. Conclusion: Given the large impact on the operating budget and on the insurer, it is recommended that the Province of Ontario review the impact on public transit of its No-Fault and Accident Benefit legislation with .consideration that all public transit be exempted from the Accident Benefit legislation, or alternatively the creation of a modified No-Fault/Accident benefit regime for public transit. Further that all Ontario municipalities who operate a Transit system be requested to endorse this position of the City of Brampton and that a copy of this decision of Council be forwarded to AMO. Roman Parzei Senior Manager, Investments, Insurance and Risk Management s Peter Hon~iborne Interim Commissioner of Finance & City Treasurer RsP/