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2006/06/29 Council Information *for period ended June 29,2006* *Municipal* 1. Letter from John Simanic, 4480 Philip Street re: River Road Condo 2. O.M.B. Decision re: Oliver Street 3. O.M.B. Notice re: Queensway Chippawa Properties Subdivision Application 4. Recreation Committee Minutes 5. Public Meeting Notice for July 10th: O'Neil Street 6. Public Notice of Passage of By-law 2006-092, 4637 Ellis Street 7. Public Notice of Passage of By-law 2006-093, Victoria Avenue between Hunter and Kitchener 8. Public Notice of Passage of By-law 2006-091, Zimmerman Avenue and Huron Street. 9. Niagara Falls Art Gallery Financial Statements 10. Soil Remediation of 4473 Buttrey Street 11. Kwok Yiu Chu Legal Matter 12. Thank You Letter from Netta Mathieson *Provinciall A.M.O.! Federal* 1. Changes to Ontario Building Code re: Energy Efficiency 2. Growth Plan for Greater Golden Horseshoe 3. Drinking Water Regulations 4. Doctor Shortage 5. Fiscal Imbalance 6. Farmers 7. Changes to the Municipal Act 8. Farmers Markets 9. Accessibility for Ontarians with Disabilities 10. COMRIF 11. Emergency Measures Act 12. Household Hazardous Waste 13. Private Member's Bill re: Motor Vehicle Organ Disclosure 14. Conservation Authority re: Wetlands and Watercourses 15. Ontario Power Generation Update 16. Smoke Free Canada *Regional* 1. Council Highlights 2. Planning Function in Niagara 3. Smarter Niagara Incentives Program 4. Walker Industries E.A. *Resolutionsl Miscellaneous* 1. Sustainable Infrastructure Funding Program 2. Ontario Clean Water Act! Watertight 3. MPAC / Monday, June 19, 2006 TO: The Mayor and Aldermen of The City of Niagara Falls FROM: John M. Simanic 4480 Philip Street Niagara Falls L2E lA6 Email: nsimanic@cogeco.ca RE: River Road High Rise. City File AM/2006 - 5471 River Road and other Properties Dear Mayor and Members of Council, Speaking for myself, it was disappointing to see how 6 of the 8 elected officials voted in favour of a project over 300 feet high that abuts up to a residential community of houses under 33 feet and at the same time immediately fronts onto the Niagara Gorge. What were you people thinking? To have total disregard for this area and its residents. I don't think that those of you who supported this development fully understand what your own Planning Department advised you on. Even the Niagara Parks Commission advised it on being too large. Further studies were required, especially environmental impacts. I would also suggest that if the residents defeat this proposal the members of council (if re-elected) apologize to the Planning Department Staff and residents of Niagara Falls for wasting our valuable tax dollars that we work so hard for as your own Planning Staffwill be subpoenaed to counter your decision and you have to hire outside consultants. The Planning department is composed of people with education and expertise in these matters along with foresight to see how structures can have an impact on our community. On top of ignoring your trained professionals you had ignored the petition we had submitted to you that showed area residents (and even a few non-residents) of this area were against it. By now some of you might have heard that the area residents will be fighting this poor decision to allow something that is completely out of character in this area. You are allowing negative change to occur and setting precedence for buildings of the same size or bigger. I think this can be said with merit based on the decision you have already made. Furthermore, $500,000.00 is nothing to do back flips about that the developers offered. I'm sure that most of this amount would disappear just in consulting and legal fees to decide what to do with it. Page 1 of2 Nor was I overly impressed with the remarks by some council members of how they were impressed with the developers presentation- next time I deal with the city council I'll bring some paper and crayons to illustrate my point. Also, I was not happy with the public comment in front of Council made by OREs' attorney Italia Gilberti accusing me of having a 'hidden agenda'. I will be dealing with her separately from this matter. To be quite honest my only agenda is to see that this neighborhood is not destroyed. Although a separate matter but one of concern, is Italia Gilberti the same lawyer that was appointed to the Niagara Parks Commission? In closing I would like to give an example of how my home is a reflection of the City of Niagara Falls along with comparing owners to elected officials. This was once a nice home in a beautiful area, and over the years it exchanged hands many times. In each of those times the owners made poor choices in attempting to improve it while ignoring other critical issues. It got to the point that it was eventually , ruined by those who had the power to change it. With my 25 years of experience in custom construction and renovation I will be able to rescue it, I cannot correct mistakes beyond my property line made by others. I can at least try every legal means to stop a mistake before it starts. John M. Simanic cc- The 199 official Petitioners against the 29-storey apartment. The City of Niagara Falls P1anning Deparbnent Director Doug Darbyson; Deputy Director Alex Herlovitch; Planner 1 Andrew Bryce. Channel 11 News. The Review (Attn. Corey Larocque). Niagara Parks Commission: Chairman Jim Williams; Vice Chairman Archie Katzman; John Kernahan. General Manager; Neil McDougall. Executive Director. Corporate Services; Robert Mcnveen. Executive Director. Administration; Nick Mw:phy. Executive Director. Engineering; Joel Noden, Executive Director. Revenue Operations. MaJXeting & Business Development; Deborah L. Whitehouse, Executive Director. Parks; Brian Moore. Director. Golf; Scott Whitewell. Director of Engineering; Dave Morris. Director of Human Resources; and Tim Berndt. Chief of Police; National Geograhpic Committee Member Steven M Colman (Geology Expert); Greenpeace Canada: Broce Cox, Executive Director; Discovery Channel: Paul Lewis. President & Geneml Manager; The Government of Ontario. Ministry of Tourism The Honourable Jim Bradley Page 2 of2 . ISSUE DATE: Jun. 14,2006 \ , DECISION/ORDER NO: PL060170 1709 ~,... Ontario Ontario Municipal Board Commission des affaires municipales de l'Ontario Peter Munger has appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 2006-15 of the City of Niagara Falls OMB File No: R060042 APPEARANCES: Parties Counsel*/Aaent Ralph Terrio . W..J:.bomson,u.- City of Niagara Falls K.L. Beaman* Peter Munger DECISION DELIVERED BY R. ROSSI AND ORDER OF THE BOARD Ralph Terrio (the Applicant) has requested an amendment to City Zoning By-law 79-200 for a 413 square metre (0.1 acre) parcel of land on the north side of Bridgewater Street opposite Oliver Street. The City owns the land along the river and leases it to this Applicant and other residents on a 40-year basis. The Applicant has leased the property since 1988. Peter Munger (the Appellant) leased the property prior to selling the lease rights to the Applicant. The Applicant originally proposed to construct a one;. storey, 81 square metre (870 square foot) addition to the existing cottage/boathouse. 2: 1--; ~: The subject land is designated Environmental Protection Area in part and Residential in . ' .." ::t:' ,.... part in the Official Plan and zoned Hazard Land (HL). However, as the Applicant has r- .'./') 0;-) redesigned his proposal and now proposes to erect a new dwelling (of approximately r- ~ 870 square feet in size) outside of the environmentally sensitive lands so as not to (Ij: .. ~; create environmental impacts on the lands along the Weiland River, but rather, on ~: 1-"- residentially designated lands next to Bridgewater Street, an Official Plan Amendment is I.,f) l-'" no longer required. 1-"- (l) l-'" , . -2- PL060170 The Applicant's Planner, Richard Brady, supported the application and was qualified to give expert land use planning evidence in the case at hand. He advised the Board that the Official Plan was approved in 1993 and Zoning By-law 79-200 was approved in 1979 and finally approved by the Board in 1981. The Official Plan is the newer of the two documents and the Zoning By-law is not yet in conformity with the Official Plan. The proposed Zoning By-law Amendment complies with the Official Plan and the 'Residential' designation for this property is clearly articulated in the Official Plan. The property sits at the end of Oliver Street on the Weiland River in Niagara Falls. There are a number of similarly-leased, road allowances in the area and the .......-~, ....-. .~., ......=- ". - ....~ -<--..' dwelling's municipal address is on Bridgewater Street. Approximately one-third of the property from the riverbank lies in an environmental protected area with the bulk of the property designated Residential. The Zoning By-law designates the entire property as Hazard Land, with the Environmentally Protected Area and Residential designations falling under the Official Plan. The 'in part' designations were explained by means of Exhibit 6, the Aerial Photo. Docks situated along the river are leased from Ontario Hydro to the City and then to people along the river. All of these docks belong to an association and each of the docks must provide for anyone who has difficulty on the river to access the land as an exit point, be they boaters or swimmers. While they are recognized as private docks, they are also deemed to be an allowed public uSe. The original application for the subject lands was filed in February 2005 to rezone the site to allow for an expanded cottage on the existing dwelling. However, that design would have required an amendment to the Official Plan (see Exhibit 2 Tab 5 p.42). That earlier design would have created a potential safety risk of having a dwelling in the flood plain; a potential impact on a Type 1 Fish Habitat that normally requires a 30-metre vegetated buffer; the Niagara Peninsula Conservation Authority (NPCA) and Niagara Region did not support it; and the Zoning By-law Amendment did not meet the general intent of the Zoning By-law. When the Applicant presented a revised plan to Council in October 2005, two additional issues regarding private use and trenching appeared and a permit from the NPCA would be unlikely. Council recommended approval of the revised plans but suggested to the Applicant to move this property outside of the flood plain entirely and the NPCA agreed. In January 2006, significant changes were proposed and the proposed dwelling would be moved entirely from the Hazard Land . - 3 - PL060170 and the Environmentally Protected Area and sit entirely in the area zoned Residential and no amendment to the Official Plan was required (see Exhibit 2 Tab 7). Council approved the application. Planner Brady advised the Board that with the location of the new dwelling in the Residential area, its removal from the flood plain also removes the risk to the public. The Niagara Region stated in January 2006 (Exhibit 2 Tab 11 p.106) that it has ".. .no objection to the adoption of a zoning amendment based on this information" (that the building envelope was relocated in relation to the OPG regulated water level plus an addendum to the EIS). The Region also stated that it considered both documents "...to be acceptable." This was confirmed earlier as well on p.101 of the same exhibit, wherein the NPCA took no issue with th'e-'dWellinglocatirigoutside of the flood plain. Mr. Brady added that this case is not the only example of a road end used for development and he cited an example on Sophia Street to the south, where two other buildings exist as well as a number of other area examples. Planner Brady advised that City planning staff had been concerned whether the development would impact the public's ability to use the area. This matter was raised in the context of the Environmentally Protected Area lands. However, the Board notes that there are no such applicable policies covering the Residential component of these lands, despite some residents' stated opposition at the hearing to any development on these lands. Planner Brady added that the Applicant will be removing the existing boathouse in the EPA lands so that if area officials decide to develop the riverbank for a public riverside walkway, it will be much easier to do so with the new dwelling located outside of the EPA portion of the site to the Residential portion exclusively. Planner Brady opined that this will be an improvement over the existing situation. Planner Brady concluded by stating that City Council passed the Zoning By-law Amendment. He reviewed the application in light of the existing Zoning By-law and the Official Plan and opined that the proposed Amendment brings the Zoning By-law into conformity with the Official Plan. He considered the application to be worthy of approval and representative of good planning. The Appellant lives immediately across from the subject property and feels the approved residence at a height of ten metres is excessive. He said the lands are . -4- PL060170 publicly owned and are used by nature lovers and walkers. There are man'y wild animals and birds; the site is an excellent habitat for fish; and the area is enjoyed by boaters and canoeists. He said that approval of this Amendment will set a precedent for development all along the waterfront. He noted that the lot is located at a critical fish habitat, but the Board has already noted that the NPCA and the Region both have no problems with the relocation of a new dwelling out of the flood plain and onto the residential lands. If the NPCA - the regional expert body responsible for safeguarding sensitive lands from the encroachment of any development that could impact these lands - determines that it has no issues with the proposed new home (and in light of the updated environmental impact study in July 2005), then the Board accepts and prefers R~'" ._.__'-,__..L tt)e,evidence of the NPCA and the Planner that the impactonfishhabitat is mitigated, to the evidence of the Appellant regarding fish habitat. The Appellant also failed to persuade the Board that the proposed Zoning By-law Amendment does not meet the general intent and purpose of the Official Plan. The Board assigned no weight to the Appellant's view that the City's parks department does not support the plan because it is not in an area designated for residential development and will block a future trail. Rather,and more correctly, Planner Brady provided documentary evidence to show that the proposal before the Board is indeed acceptable to all levels of government in the area and that it will not block a future trail that might traverse the subject lands should such a trail locate along the riverbank. It is unlikely to the Board that such a path, if it was ever constructed, would be created through the Residential component of the lands which are situated along Bridgewater Street. It is more reasonable to expect the relevant authorities to create that path along the waterfront itself. As Planner Brady noted, this development is an improvement to that possible future scenario by physically situating the new dwelling away from the river. The Board preferred the Planner's evidence to that of the Appellant for the reasons stated. While the Appellant expressed his view that these lands should be under public ownership, it is not for the Board to make a determination about that issue. Rather, it is something that the Appellant and any other resident might wish to address before the relevant government body. This view has no relevance before the Board. , . - 5- PL060170 Several area residents expressed their opposition to the proposed development. These included the concern with development on green space, but the Official Plan designation permits this use. Their concern with the establishment of a precedent was also heard, but their concerns Were properly and fully considered in the context of the relevant and superior planning evidence provided by the Applicant's professional Planner. That unchallenged and uncontradicted evidence, together with approval of the proposed development by the appropriate levels of government, are preferred to the residents' concerns. While the Appellant pointed out to the Board that only restorations or additions have been approved for end of road allowance dwellings, and not the construction of u=""""';C'" newcdw.eUings,Ahe.Board.,isc=/l'lindful of the .Planner'sevidence 'arlc:r'tna{'of lhEr City's-' .~, .~~...,'c"_'" counsel, Mr. Beaman, that the lands are designated Residential. By. virtue of that designation in the Official Plan, the City may contemplate applications for not only renovations and expansion of existing buildings, but also proposed new dwellings. In this regard, the Board determines the Applicant to be within his right to put forward a proposal for a new dwelling on lands designated Residential and it can be permitted as long as it meets the relevant provisions and policies of the various applicable planning instruments. The Board has no jurisdiction to determine the appropriateness of the _ Residential designation. Rather, it was bound to consider the proposed development in light of a Zoning By-law Amendment. Having made that determination, the Board will authorize the Amendment. Having considered all of the evidence, and preferring the uncontradicted expert land use planning evidence of Planner Brady to that of the Appellant and the interested, participants, the Board orders the appeal against By-law 2006-15 of the City of Niagara Falls is dismissed. So orders the Board. "R. Rossi" R. ROSSI MEMBER 06/16/2006 14:52 FAX 9054541876 DAVIS WEBB LLP 14I 002 . , : : Ontario Commission des Municipal affaires municipales Board de l'Ontario 655 Bay 51 Suits 1500 655 rue Bay Bureau 1500 I Toronto, ON M5G 1E5 TOIl;lnm. ON M5G 1E5 Tel (416) 326-6600 T~I (416) 32&.6800 Toll Free: 1-<16&.887-8620 Sans Fr;li$; ,.866.887.6820 Fa~(4'5)a26.5370 Tellk (416) 32s..S370 WW'W.omb.oov.on.ca lNww.omb.Qov.on.ca : PL060322 : Queensway Chipppawa Properties Inc. has appealed to the Ontario Municipal Board under subsection 51(39) of the Planning Act, R.5.0, 1990, c. P.13. as amended, from a decision of the City of Niagara Falls to refuse approval of a proposed plan of subdivisio~.on lands composed of Part Lots 12, 20 and 21, Concession 3. in the City of Niagara Falls 26T-94009 & 26T-11-200S-01 OMB File No. 5060034 ! Queensway Chipppawa Properties Inc. has appealed to the Ontario Municipal Board under subsection 34(11) ofthe Planning Act, R.5.0. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a prop'osed amendment to Zoning By-law 96-242 of the City of Niagara to rezone lands respecting Part Lots 12, 20 and 21, Concession 3 from R3, R3-H, HL, OS and NC to R3. R4, OS, EPA and DH to permit the development of a residential subdivision OMS File No. Z060048 I ! APPOINTMENT FOR HEARING The Ontario Municipal Board hereby appoints Thursday, August 17th. 2006, at 10:30 forenoon at the Council Chambers, Municipal Building. 4310 Queen Street. Niagara Falls, Ontario for the commencement of the hearing of this appeal. The Board has set aside two (2) days for this hearing. All parties and participants should attend at the start of the hearing at the time and ~ate indicated, irrespective of the number of days SCheduled. Hearing dates are firm - adjournments will not be granted except in the most serious circumstances, and only in accordance with the I Board's Rules on Adjournments. I : If you do not attend and are not represented at this hearing, the Board may proceed in your absence and you will not be entitled to any further notice of the proceedings. In the event the decision is reserved, persons taking part in the hearing and wishing a copy of the decision may request a copy from the presiding Board member or, in writing. from the Board. Such decision will be mailed to you when available. Pour recevoir des services en franr;ais, veuj/fez communiquer avec fa Division des audiences au (416) 326-6800, au moins 20jours civils avant fa date fixee pourl'audience. DATED at Toronto, this 6th day of June, 2006. ! , PATRICK HENNESSY il 'I SECRETARY 06/16/2006 14:52 FAX 9054541876 DAVIS WEBB LLP 141 003 . I 1 " J : ONTARIO MUNICIPAL BOARD RULES ON ADJOURNMENT Comments on Adjournments of Proceedings (Rules 61 to 65 below): The Board will not often grant adjournments (later dates) for hearings or other proceedings. Parties and the Board spend time and money in giving f!otice, preparing and travelling for hearing events, and this is wasted if they are cancelled at the last minute. If the request is presented at the last moment, the Board may refuse the adjournment and proceed with the hearing. If. on the other hand. settlement discussions are reasonably nearing completion. the Board may agree to a delay. The main consideration is whether an adjournment is necessary to permit a fair hearing, versus the cost of any delay for all parties. Hiring a lawyer or planner shortly before a hearing, for example. is not a reason for an adjournment I Parties shOUld prepare for a hearing shortly after the appeal is submitted. They should not wait until [ J notice of hearing is sent. Performance standards required for tribunals mean that the Board is setting I hearing dates earlier than in the past. If a matter is adjourned, the Board will pick a new date for it to proceed unless there is a good reason to r I leave it undecided (e.g. it is dependent upon a decision of a court). .' G1. Hearinq Dates Fixed Hearing events will take place on the" date set unless the Board i agrees to an adjournment (later date). 62. Requests for Adiournment if All Parties Consent and if all ofthe parties agree. they may I make a written request to postpone a hearing event. The request must indude, the reasons, a .j suggested new date and the signed consents of all parties. However, the Board may require that the parties attend in person to argue for an adjournment, even if all of the parties consent. 63. ReQuests for Adiournment Without Consent If a party consulted objects to an adjournment request, the party requesting the adjournment must bring a motion under Rule 34 at least 10 days before the date set for the hearing event. If the reaSOn for an adjournment I arises less than 10 days before (see Rule 64), the party must give notice of the request to the , Board and to the other parties, and serve their motion materials as soon as possible. If the , I Board refuses to consider a request made late. any motion for adjournment must be made in ,: person at the beginning of the hearing event I I i ! 64. EmetQencies Only The Board will grant last minute adjournments only for unavoidable emergencies. such as illnesses so close to the hearing date that another representative or I J witnesses cannot be obtained. The Board rnu~t be informed of these emergencies as soon as I! 'I possible. I' i! " 65. Powers of the Board upon Adjournment Reauest ,i The Board may, ': , " i grant the request; 'J a. " 'I b. grant the request and fix a new date; or where appropriate. the Board will schedule a 'I I prehearing conference about the status of the matter: c. grant a shorter adjournment than requested; d. deny the request, even if all parties have consented; :1 direct that the hearing proceed as schedUled but with a different witness, or evidence on , e. " another issue; f. grant an indefinite adjournment, if the request is made by the applicant or proponent and :1 is accepted by the Board as reasonable, and the Board finds no substantial prejudice to the other parties or to the Board's schedule. In this case the applicant or proponent must :1 '[ make a request that the hearing be rescheduled; I: g. convert the scheduled date to a mediation or prehearing conference; or make any other : appropriate order. h. make any other appropriate order. II June 03, 2004 I. i: I, 06/16/2006 14:52 FAX 9054541876 DAVIS WEBB LLP I4J 004 , " :1 " '! 'I I 'I , 1 , I CITY OF NIAGARA FALLS , i , " 'I !I :1 A By-law to amend By-law No 79-200 as amended by By-law 96- 242. I I ! THE COUNCIL OF THE CORPORATION OF NIAGARA FALLS ENACTS AS I II FOLLOWS: II !I Ii 1) Schedule I to by-law 96-242, is hereby amended by zoning the lands shown on ,I :i Schedule 1 attached to and forming part of this Bylaw as follows: II II " Special Residential Mixed (R3) zone, Special Residential Mixed II a. :i (R3) - Holding (R3-H) zonel Residential Low Density, Grouped 'I :i Multiple Dwellings - Holding (R4-H) zone, Open Space (Os) zone, :; '! Environmental Protection Area (EPZ) zone and Development ,I .I Holding (DH) zone all as shown on Schedule 1 attached hereto. !/ 2) The following provisions shall apply in the Special Residential Mixed (R3) zone, and the Special Residential Mixed (R3) - Holding (R3-H) zone: ,[ a. Minimum lot area i i. Single-detached: 450sq.metres. 'I ii. Semi-detached: SOOsq. metres, i iii. On-street townhouse: 200sq.metre/unit. :1 b. Minimum lot frontage " i. Single-detached: 13.7 metres interior 10t/l5.3metres comer lot, : I ii. Semi-detached: 15.3 metres interior lot 117.2metres interior lot, :1 !I iii. On-street townhouses: 6 metres/unit. I' 1I Minimum front yard depth I c. " " 1. 4.5 metres to the dwelling, ,I , ii. 6.0 metres to the garage, " iii. 2.5 metres to the porch. " :1 d. Minimum interior side yard width " 1. 1.2 metres - single & semi detached dwellings 0,1-1/2, or 2 ii storey), [I 11. 1.8metres - townhouses (1,1-112, or 2 storey). '! " e. Minimum exterior side yard width ,I I i. 3 metres to the dwelling, " I: i II :1 ,I 06/16/2006 14:53 FAX 9054541876 DAVIS WEBB LLP I4J 005 ! , . ii. 6 metres to the garage. f. Maximum lot coverage 1. 50% single & semi detached dwellings, ii. 60% Townhouses. I 1 g. Maximum Height I I 11 metres (roof design) ! 1. i I All other aspects of the existing R3 zone shall continue to apply. 'I i 3) All other relevant provisions of Bylaw No 79-200 as amended by By-law 96- 242 , , , applicable to the lands zoned as Residential Low Density, Grouped Multiple , , Dwellings (R4) zone, Open Space (Os) zone, Environmental Protection Area (EPZ) zone and Development Holding (DB) zone as shoWn on Schedule I I attached hereto shall continue to apply. i i ! I I i I 1 , " f I , i : :1 :, :1 " , :1 I 06/16/2006 14:53 FAX 9054541876 DAVIS WEBB LLP l4J 006 ! SCHEDULE 1 TO BY - LAW --.-.._-~--- I & I ~ ; c.; ; ,e, I I ~ b----'I' ,~ I t----oIQ " J , .. ------i ... .......EPZ I 4 I I I T I , ----- .._~ ..... , . .. : I ': I ~ ., , f S I I I' e ,.. f , 'os r--. I I I 1------- L______ OS " I I I I I I .! I . , I ~', \, ", :0 I I<C 10' :n::l ,. OS I f I f----- ------ : I f I I I I , - I I " I I . ,. I I I I : I , " I E DH 1 i I , " L_________ I .... ..... f I I I 12: . ~3-1:1 '0' ~... :0: 101 I tfJ: I I I I I DH I I I 1 . ..... I I I ---------- I - ,--------- " ---------------------------------, r--------- 1 I I I .; I I I 1 , :;: ~ " C:::J " 2 LAN DS SUBJECT TO " , THIS BY-LAW ! e' '"'I i; ,^ ~ I; e, ~ i I I 'I 06/16/2006 14:53 FAX 9054541876 DAVIS WEBB LLP I4J 007 I " ~ , :I \ . 'I I, " II " II I, 'I I, I 'I I, :, I' II !/ Ii II Ii 'I II I' Explanatory Note ~ ! II il !I I' Re: Zoning BY-Law Number' j, I: " " By-law has the following pUIpose and effect: !! i, " .I Ii I' This By-law applies to a 43.336ha (107.084 ac) parcel ofland described as Part of Lots -I ,I 01 19~ 20 and 21, Concession #3, and Part of the Road Allowance between lots 20 and 21. ii I- Concession #3* Geographic Township of Willoughby, COl1nty ofWclhmd. now in the " i: City of Niagara Falls, Regional Municipality of Niagara. II Ii " The amendments' to thc Zoning By-Law are intended to provide the necessary land use i: " I' regulations to guide the development of the proposed plan of subdivision ami " I' i' construction of dwellings. I: I' I I' " The site is currently ~oned, in part, Residential Mixed (R3), Residential Mixed - Holding Ii (Re-H), Hazard Land (HL), Open Space (OS) and Neighbourb,ood Commercial (NC). II through Zoning By-Law No. 79-200 as amended by site specific By~Law No. 96..242. i[ The amendment would re~ne the lands to: ! ~ :1 I, [: . Special Residential Mixed (R3) ZOne for tIle single-detached lo~ semi. i; p detached lots and on-street townhollse blocks, with a Holding Zone (H) 11 " II provision, for the lands in Phase 2; I' . Residential Low Density, Grouped multiple Dwellings (R4) ZOne for the [i 'i to'WDbouse condominium block; I, " . Open Space (Os) zone for the park and stormwater management area; 'I: . EIlWonmenml Protection Area (EPZ) zone for the valley land/floodplain j' and I !: . Developm.ent Holding (DH) zone for the future development block. , , ! The proposed Zoning Bylaw Amendm.ent is ill conformity witb aJ I applicable Official : Plan provisions. I i , , I 1. i. i ! i iJ I I ! \ 06/16/2006 14:53 FAX 9054541876 DAVIS WEBB LLP 14I 008 . l- I '-. i I EXPLANATORY NOTE-DRAFT PLAN OF SUBDIVISION i' , '. L The applicant proposes to develop a 43.336 hectare (107.082 acre) site for a residential ; plan of subdivision containing a mix of dwelling types and a total of 626 units. The property is located on the west side of Sodom Ro~ north side of Willick Road and southeast of Lyon's Parkway and Lyon's Creek Road (See Location Map attached). The north section of the property was granted draft plan approval in 1996 which is : proposed to be modified. A new draft plan of subdivision has been submitted which ; includes alI of the Innds. The proposed Draft Plan of Subdivision is attached. -I The street pattern provides conneetions to Sodom Road and ,Willick Road with. emergency access to Lyon's Parkway. The subdivision proposes 239 lots for single-<ietached dwellings, 92 lots (184 units) for semi-<ietached dwellings, 24 blocks (133 units) fot on-street townhouses and a block of land for 70 townhouse condominium units. There are 26 10m designed with frontage onto Willick Road. Additional blocks of land jn the plan are proposed for stormwflter management, parkland, vaIley!hazard lan~ walkways, emergency access and future development. The City's Official Plan designates the majority of the property Residential which pennits a variety of housing types. The floodplain of the watercourse on the east part of th,e site is designed Environtnental Protroction Area in the Official Plan. " . . The proposed Draft Plan of Subdivision is in ~onfonnity with all applica.ble OfficjaJ Plan provisions. I: i I I i \ /' Ii 06/16/2006 14: 54 FAX 9054541876 DAVIS WEBB LLP I4J 009 . '-! ' r,; i ~~ r. i p .. !, I , ,. " , i: .' J, I i: ii " , ': i i :! LOCATION MAP ; ! , PROPOSED DRAFT. PLAN OF SUBDIVISION , . .. . .~. . . ----- - . ... . . . I: " , " .' [I , i' , li : ji I PROPOSED ~ I, SUBDIVISION 8 ~ ;' :I I m " -< ![ . " . " o , ;;JJ , <: fTl '. J: o ' :;:(J lf~.""--""- .. .....1 : [' ~ . o ; I! ~ " ~ c.., il (" :: oJ i. I --.--.....--.-..-. il . - R'EjiiNGER ROAD Ii I: . - 01. I q !I " i! , ! ! I , Ii ----- 06/16/2006 14: 54 FAX 9054541876 DAVIS WEBB LLP 14I 010 - ." I)- ~ ! , I' : I: ! , . u iH I ~ ! g UiBU!!!!l I " _ I :. !-! I 5 !, ~ ~ U!!HliU ! : · 'III 11!5 4' ,5 I l ! "II. · ~ :: ~ ~I I L: 1I.I~!1 . il. Ji " 3~ II II~'.' !:.I "" _.h~~___U ~ :: G: , ~.I i ~I ft I ~ I ~ ~J if :3 -J"l~l~ I ~i III t. I I' 1 I, .... _'" Po I;~ 'IU ~2~U ~h 1 ~ . I U I ffi ei ~.i~Lf (~ jf6Uh Cl4 HUHll1 I Ii ~ ~ ~ it, ; II lc .Iil ~! il~ 'Iil.il nmr, ~~r:!f r T r" f I !; a.. & f5 I ~ fa ,,~. ~d.*!' ! ~..ljll I UWUIU 'J 1 ~ ~ ~ II ~ i lil1i!i III(R ti!i an,milJ i~nt;1 R~'lli I hun!! II III l I, Q :.:: ~ _I J 0 _'-I a $ SIR ~ UJI!; a ~ M I I - , , AI 'U fJ/~;:-' 'j --'. ... ! " d""n - I. I " v!J~.- ]' I I> I Ii , ~-4 "I I · 'i ...~ I. 0. ! 'i C1cr 'a OJ I ... I , .....I/L>~~O',,~O ~ ,,' M ."t.=='. ' ; :: if " It " " :i I !i I: [' I, " I! [ P - " N I' o [' Z i: ~ ! nO i C'l I' Z ;: " Om ~ -I- <<nO ci " Vl-l ;c:; ~z ~ <C ZW > ll:: OW ...... <( lL..<..)~ 0 " O..Gj ~ ~ i ~m ~ z 1 ZN 0 , o w u ~ : -~O ~ 0 ! ~~ m ' 5 c ~ S U') ... " ~ ~ ~~~ , co=> o....J!:::= mNo :::f<~ ~ _ ::J ~ L..: Il. 0)< ~<u . ~ .- c n a.. c::: Z ~z i b <( ::J:Vl- <3 :;) fi~ · . Ii O 0 % -' -: -:s J ' Z -I a::: 0 ~ :::!!o ...:;; ~~ .. I ': :5 -- ~ Z -l 30 I D... ~ ~ ~ glL. ~ 8 ~~ nlln~llln t: I.&J :l: 0 ~;;~ lIMU 1111 I- ~ (.,) ~ Q .. 'Z:i. lUillld II I <C Q:: D:: Z Q ~ ~ Iii giS III 111111111 ~ ~ ~ 8 ~ (3 ~ ~ fo)~ ~~~~::=~.~. ~ , , RECREATION COMMITTEE TUESDAY, MAY 9, 2006 AT 7:00 P.M. MACBAIN COMMUNITY BOARD ROOM MINUTES OF MEETING Present: Don Jackson, Chair, Glen Mercer, Paisley J anvary- Pool, Pat Mascarin, Mick Wolfe, Reg Jones, Paul Campigotto, Enzo Della Marca, Rich Merlino, Dolores Shwedyk (Secretary) Re~rets : Rob DeGiuli, Alderman Jim Diodati, Denyse Morrissey (Staft) Absent: Joe Talarico, Mike Verma 1. Adoption of Minutes Recreation Committee Meeting of April 11, 2006 IT WAS MOVED BY Glen Mercer, seconded by Enzo Della Marca, that the minutes of the meeting of April 11, 2006, be approved as written. Motion Carried 2. Business Arisin~ from the Minutes of April 11. 2006 a) Update on Arena Fundraising Campaign for Additional Seating Mick reported that the fundraising and seat sale is ongoing. Meetings will be held once a month. The next meeting is scheduled for Wednesday, May 17, 2006 at 7 :00 p.m., MacBain Community Board Room. IT WAS MOVED BY Reg Jones, seconded by Pat Mascarin, that the above verbal report be accepted. Motion Carried 3. Communications a) Reports from Don Jackson and Pat Mascarin re PRO Conference IT WAS MOVED BY Paisley '1anvary-Pool, seconded by Reg Jones, that the above communications be received and filed for information. Motion Carried " -2- 4. "Action Required" Items a) City ofNia~ara Falls Recreation Committee Grant Application - Leadership Trainin~ i) Niagara Falls Girls Soccer Club - Level 3 Coaching Clinic - at Heritage Christian School, Jordan, Ontario on April 22 & 29,2006. Cristina Formica is requesting $130.00. IT WAS MOVED BY Enzo Della Marca, seconded by Reg Jones that the above applicant be approved $45.00 each, subject to receiving an official receipt. Motion Carried b) City of Niagara Falls Provincial. National. International Competition Grant Application i) 2006 Elite Ontario Provincial Gymnastics Championships. This event was held on April 21, 22, 23 & 24, 2006, in Caledonia, Ontario. (3 applicants requesting $70.00 each) . Kendall Darnay · Jessica Vallance · Courtney Olah ii) Gymnastics Ontario Provincial Championships. This event was held on April 28 & 30, 2006, in St. Catharines, Ontario. (2 applicants requesting $70.00 each) . Kelsey Darnay . Jennifer Harrigan IT WAS MOVED BY Paisley Janvary-Pool, seconded by Mick Wolfe that the above applicants be approved $70.00 each, subject to receiving an official receipt. Motion Carried c) City ofNia~ara Falls Application for Activity Subsidy Fund for Physically. Mentally. or Socially Challen~ed Individuals i) Application received for financial assistance to cover the cost of registration fees for five children to play hockey in the Recreational Minor Hockey Association. The applicants are requesting a total amount of $1,175.00. A letter of support was received from Family and Children's Services Niagara. IT WAS MOVED BY Glen Merc~r, seconded by Pat Mascarin that the above applicants be approved $1,175.00. Motion Carried 5. New Business a) Strategic Plan - Service Delivery Principles Workshop Update Concerns were raised regarding the future role of Committees and Volunteers. , -3- b) Mick Wolfe announced that the Meridian Credit Union is hosting a Golf Tournament on September 16, 2006, at 1 :30 p.m., Rolling Meadows - All proceeds will be donated to the City of Niagara Falls Activity Subsidy Fund. c) Mick Wolfe announced that Mike and Bruna Danielle are hosting a golf tournament on Sunday, June 11,2006 at the Niagara Falls Golf Course, with the dinner being held at John Michael's Hall in Thorold. They will be donating approximately $10,000.00 to the City of Niagara Falls Activity Subsidy Fund. d) Pat Mascarin announced that the Project Share is planting a Community Garden in the back area of Our Lady of Scapular Church. 6. Next Committee Meetin~ Tuesday, June 13, 2006, 6:00 p.m. MacBain Community Centre Board Room 7. Adjournment IT WAS MOVED BY Paul Campigotto, seconded by Reg Jones that the meeting be adjourned at 8:00 p.m. Motion Carried S:\Recreation Committee\Minutes\2006\May 9, 2006.wpd # .' .~~ NiagaraF"')D~ PUBLIC MEETING NOTICE ZONING BY-LAW AMENDMENT APPLICATION CITY FILE: AM-10/2006 PURSUANT TO THE PROVISIONS OF THE PLANNING ACT You are invited to attend a public meeting where City Council will consider an application to amend Zoning By-law No. 79-200. The meeting will be held on: Monday, July 10, 2006 at 7:00 p.m. in the Council Chambers, City Hall, 4310 Queen Street This application was deferred by Council at a Public Meeting on May 29, 2006 in order to hold a further Neighbourhood Meeting to discuss the proposal. The neighbourhood meeting was held on June 15, 2006 and attended by over 30 area residents. The applicant has requested the matter now return to Council. The amendment is requested for a proposed 1.281 acre (0.518 hectare) parcel ofland on the north side of O'Neil Street, between Dorchester Road and Marion A venue, as shown on Schedule 1. This site is comprised ofthe property known as 6753 O'Neil Street and land at the rear of6731, 6741, 6781 and 6791 O'Neil Street. The applicant proposes the construction of 8 townhouses and two single-detached dwellings on the land with access to O'Neil Street (see revised Schedule 2). The City's Committee of Adjustment is scheduled to consider related severance applications (Files B 18/200600 to B211200600 Inclusive) on July 11, 2006 for various lot additions to facilitate the development (see Schedule 3). The property is currently zoned Residential Single Family 1 C Density (R1 C). The applicant has requested a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the proposed development. The meeting is being held to inform you about the application and to provide you with an opportunity to express your views. Your comments may be given verbally or as a written submission. Written comments should be submitted to the Director of Planning and Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 prior to Tuesday, June 27, 2006. Please refer to City File AM-10/2006. . - 2 - The comments you provide, as well as the report of City staff, will help Council make a decision on the application. Council may ask for revisions to the proposal or attach conditions to its decision. If you wish to be notified of the adoption of the proposed amendment you must make a written request to the Director of Planning & Development. If you disagree with Council's decision on the application, you can appeal it to the Ontario Municipal Board (OMB). However, under the terms of Ontario's Planning Act, if you have not expressed your views at the public meeting or sent in your written comments before the proposed zoning by-law is adopted, the OMB may dismiss all or part of your appeal. A copy of the Planning & Development Recommendation Report on the application will be available after 4:00 p.m. on Wednesday, July 5, 2006. Additional information related to the application and the proposed amendment may be obtained from Planning and Development, second floor, City Hall, between the hours of 8:30 a.m. and 4:30 p.m. or by telephoning 905-356-7521, extension 4296. This notice is dated at Niagara Falls, Ontario this 19th day of June, 2006. ~~- Doug Darbyson Director of Planning & Development RW:gd Attach. S:\ZONING\AMS\2006\Am-l O\Notice2. wpd ~----~ , SCHEDULE 1 LOCATION MAP Subject Land ~ 1111 ~ ~~ ~ I:: ~ _/ z 0 - m z i--- \ ~( I \ ~ ( I I I \ a [ . ~ m HARRIMAN ST r >3 rn RUSSEll ST '-l 3: )> If) a V :I: - ~w m -a ~ -a 0 ~ ;OSELAN ~ l..--:::J- 0 V--' ~ rf[ - :I: ~ ~ ~ /' m l..-- ;c ~~ ;c ~ ~ 0 \ ~ ~ O'NEIL ST 3: I ~ 0 ~ z -~~~ ~~ ~ m MCGIll ST 1 GlENGARY ST ~ \ \ ~ \ z - If) ~ c OJ .-: 0 ~ z ~ a ~~ - c ~ G) Z :I: ~ ~ m r m Amending Zoning By-law No. 79-200 N Location: 6753 O'Neil Street and t Rear Portions of 6731, 6741, 6781 & 6791 O'Neil Street S Applicant: Wedgewood Builders of Niagara Limited (Agreement of Purchase and Sale) l:NTS AM -10/2006 k:\GIS _Requests\2006\ScheduleslZoningAM\AM-IO\mapping.map April 2006 SCHEDULE 2 t' o. ~t .- ~ g bob "tt-"-::::r:::: ... ~~"'~~I'II ~ -! ~ -.- ~~ ~IIII ~ 11" " Ii! ~O .! 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Ii ~il f"'" " )! -.J Q;T::1_ ....., is ~ lil. -- -< t:i j \; " co . ~ "J I'<) 6f; 7 ~ f' 9 I .' -oj N = N Vi? d _ I . a ill " -.J I gf;t 107 ~ / .7'111N30IS3M. i ~ ~ " -~ Niagara~qll~ PLANNING ACT NOTICE AND EXPLANATORY NOTE OF THE PASSING OF ZONING BY-LAW NO. 2006-92 CITY FILE: AM-04/2006 THE CORPORATION OF THE CITY OF NIAGARA FALLS TAKE NOTICE that the Council of The Corporation ofthe City of Niagara Falls passed By-law No. 2006-92 on the 29th day of May, 2006, under Section 34 of The Planning Act. The purpose of By-law No. 2006-92 is to add site specific provisions (748) to the Residential Single Family and Two Family (R2) zoning of the land on the north side of Ellis Street known as 4637 Ellis Street. The by-law will permit the existing single detached dwelling to be used as a tourist home (bed & breakfast) containing up to three (3) bedrooms for tourists. Please see the map on the back of this notice to locate the subject property. By-law No. 2006-92 is in conformity with the City of Niagara Falls Official Plan and is not the subject of an amendment to the Official Plan. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the by-law by filing with the Clerk of The Corporation of the City of Niagara Falls not later than the 22nd day of June, 2006, a Notice of Appeal setting out the objection to the by-law and the reasons in support ofthe objection, together with the Ontario Municipal Board filing fee of$125.00 in the form of a certified cheque or money order, made payable to the Ontario Municipal Board. The Planning Act provides that only individuals, corporations and public bodies may appeal a Zoning By-law to the Ontario Municipal Board. A Notice of Appeal may not be filed by an unincorporated association or group. However, a Notice of Appeal may be filed in the name of the individual who is a member of the association or the group on their behalf. Notice of Appeal, including the filing fee, must be submitted by the date set out above in order to constitute a valid Appeal. Failure to submit a complete Notice of Appeal or the fee of$125.00 or both, on or before the date set out above will result in an incomplete Appeal application and will not be processed further. A copy ofthe by-law is available in Planning and Development, City Hall, between the hours of8:30 a.m. and 4:30 p.m., if you wish to review it. Dated at the City of Niagara Falls this 2nd day of June, 2006. ~tt ~)~ .\-e--L Alex Herlovitch Deputy Director of Planning & Development for the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 S:\ZONINGIAMS\2006IAm-04\BYLA WPAS.NOT. wpd SCHEDULE 1 TO BY-LAW No. 2006-92 Subject Land ~ MORRISON ST () ~ OJ l/l C r m () ~ A r ~ ~ m ~ m 16.67 m ELUS ST ~ ~ ~ m z () m ~ m Amending Zoning By-law No. 79-200 Description: Part of Lot 37, Plan 283 and Lot 190, Plan 1002 N in the City of Niagara Falls, in the Regional Municipality of Niagara t , \' ~ S Applicant: Ching-Hsieh Hsiao & Li-Li Chu l:NTS Assessment #: 272502000503500 AM-04/2006 ~ ..~ NiagaraRql~)~ PLANNING ACT NOTICE AND EXPLANATORY NOTE OF THE PASSING OF ZONING BY-LAW NO. 2006-93 CITY FILE: AM-02/2006 THE CORPORATION OF THE CITY OF NIAGARA FALLS TAKE NOTICE that the Council of The Corporation of the City of Niagara Falls passed By-law No. 2006-93 on the 29th day of May, 2006, under Section 34 of The Planning Act. The purpose of By-law No. 2006-93 is to amend the site specific Tourist Commercial (TC) zoning of the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street. The by-law will permit the construction of a 7-storey hotel on the lands. Please see the map on the back of this notice to locate the subject property. By-law No. 2006-93 is in conformity with the City of Niagara Falls Official Plan and is not the subject of an amendment to the Official Plan. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the by-law by filing with the Clerk of The Corporation of the City of Niagara Falls not later than the 22nd day of June, 2006, a Notice of Appeal setting out the objection to the by-law and the reasons in support ofthe objection, together with the Ontario Municipal Board filing fee of$125.00 in the form of a certified cheque or money order, made payable to the Ontario Municipal Board. The Planning Act provides that only individuals, corporations and public bodies may appeal a Zoning By-law to the Ontario Municipal Board. A Notice of Appeal may not be filed by an unincorporated association or group. However, a Notice of Appeal may be filed in the name of the individual who is a member of the association or the group on their behalf. Notice of Appeal, including the filing fee, must be submitted by the date set out above in order to constitute a valid Appeal. Failure to submit a complete Notice of Appeal or the fee of$125.00 or both, on or before the date set out above will result in an incomplete Appeal application and will not be processed further. A copy ofthe by-law is available in Planning and Development, City Hall, between the hours of8:30 a.m. and 4:30 p.m., if you wish to review it. Dated at the City of Niagara Falls this 2nd day of June, 2006. ~ ~~kZ Alex Herlovitch Deputy Director of Planning & Development for the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 s: IZONINGIAMSI2006IAm.02IBYLA WP AS.NOT. wpd SCHEDULE 1 TO BY -LA W No. 2006-93 Subject Land ~ KITCHENER ST 46.95 m .... ix> lJ1 3 30.48 m .... .j:o a. ...... 3 ..... 47.17 m 0:> \0 < \0 - 3 9 ~ )> ~ rTI Amending Zoning By-law No. 79-200 Description: See Appendix 1 N Applicant: 1251435 Ontario Limited and 1397878 Ontario Limited ~ " Assessment #: 272503000308100 5 272503000310800 I:NTS 272503000310900 272503000311400 AM-02/2006 K:\2006\GIS_Requests\Schedules\ZonlngAM\AM-02\mapping.map April 2006 ----- -~ Niagara.Fclfl'D~ PLANNING ACT NOTICE AND EXPLANATORY NOTE OF THE PASSING OF ZONING BY-LAW NO. 2006-91 CITY FILE: AM-07/2006 THE CORPORATION OF THE CITY OF NIAGARA FALLS TAKE NOTICE that the Council of The Corporation ofthe City of Niagara Falls passed By-law No. 2006-91 on the 29th day of May, 2006, under Section 34 of The Planning Act. The purpose of By-law No. 2006-91 is to change the zoning ofthe land on the southwest corner of Zimmerman A venue and Huron Street from Deferred Commercial (DC) to a site specific (747) Residential Single Family and Two Family (R2) zoning. The by-law will permit cottage rental dwellings on the two properties. Please see the map on the back of this notice to locate the subject properties. By-law No. 2006-91 is in conformity with the City of Niagara Falls Official Plan and is not the subject of an amendment to the Official Plan. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect ofthe by-law by filing with the Clerk of The Corporation ofthe City of Niagara Falls not later than the 22nd day of June, 2006, a Notice of Appeal setting out the objection to the by-law and the reasons in support ofthe objection, together with the Ontario Municipal Board filing fee of$125.00 in the form of a certified cheque or money order, made payable to the Ontario Municipal Board. The Planning Act provides that only individuals, corporations and public bodies may appeal a Zoning By-law to the Ontario Municipal Board. A Notice of Appeal may not be filed by an unincorporated association or group. However, a Notice of Appeal may be filed in the name of the individual who is a member of the association or the group on their behalf. Notice of Appeal, including the filing fee, must be submitted by the date set out above in order to constitute a valid Appeal. Failure to submit a complete Notice of Appeal or the fee of$125.00 or both, on or before the date set out above will result in an incomplete Appeal application and will not be processed further. A copy ofthe by-law is available in Planning and Development, City Hall, between the hours of8:30 a.m. and 4:30 p.m., if you wish to review it. Dated at the City of Niagara Falls this 2nd day of June, 2006. ~~~ Alex Herlovitch Deputy Director of Planning & Development for the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 S:\ZONINGIAMS\2006\Am-07\BYLA WPAS.NOT.wpd " are now driving to Niagara Falls to receive services that they cannot access from within their local arts community. 0, 3) Create a sense of community through the arts - A place where the community can access struetured arts services that meet their needs has been created, while arts services that can be accessed in one's neighbourhood or home I iii 2005 Monthly #'5 I have also been realized. The 1992 goals have evolved to the current 10,000 region wide goals of that reflect the Niagara 9,000 8,000 Falls Art Gallery 2004 Strategic Plan 7,000 Outline. Participation 6,000 #'5 5,000 4,000 1), Develop and operate an arts centre to 3,000 2,000 furt4er the sense of an arts community 1,000 through the provision of professional public 0 1 2 345 6 7 8 9 10 1112 art gallery services. Month 2) Improve quality of life in the Region's communities through: 2005 Monthly Overall Participation (daily accumulated) January (1) to December (12) a) Additions to the Art Gallery's permanent collections and archives of culturally significant works of art and supporting " " documentation: ,. "" ........ . b) Developing the youth andadult arts services to the extent of children's services. 3) Maintain and develop sustainable arts services in the following geographic areas: a) The Home - These tertiary services are virtual and are available through two websites: www,niagarafallsartgallery.ca & wwwniagarachildrel)Smll;SelU11..c"a " art-line " " virtual exhibitions, inter-active programs and information can be accessed. b) The N eighbourhood - Provided through points of service located in community centres, schools, daycares, etc., these tertiary services are outreach programs and run ina number of municipalities. These programs are also supported through theArt Gallery and Children's Museum's web sites. c) The City - Citywide services are primary services and are provided through the Art Gallery & Children Museum's facility on Oakwood Dr. in Niagara Falls. The exhibitions and programs serve residents who come to the Art Gallery and Museum from all parts of Niagara 'Falls. Primary services may also be created in other municipalities to provide needed exhibitions and programming to assist in the development of a strong regional arts community . d) The Region- Secondary services are provided through adjunct locations in WeIland - _~____~. _.__.__________._...__n_ ....n.. _.._." __ __.____._~..._._._.__._.__.__,.._+~___.__ __. 5 .-.--.----- ... - .-.. -.". ~,~......._....- " , while,the number of full-time staff decreased in Niagara Falls iriorder to find additional income for the City. The Art Gallery sought to relieve some ofthe financial pressure on community services by applying to the City of Niagara Falls for an annual grant for the increasing costs for its children's programs. Even if this grant is received the measure of the fin~cial impact on participant demand for Art Gallery's services will not become apparent until well into the next program year. , Five Year Business Plan 2002-2006 performance In 2005 The Niagara Falls Art Gallery's Five Year Business Plan's projection for 2005 was a participation rate of68,000 participants and revenues (without bingo flow-through revenues) of$326,000. Overall participation was 87,459 or 19,459 more participants than was projected. Revenues were $282,252 for 2005 rather than the projected $326,000. Government grants, bingo revenues allddonations non'-cash were $43,338Iess than projected. Although there were some areas with greater revenues than anticipated while others had less, the Business Plan target of a 2005 surplus of $126 was exceeded by $2,182 for ,an actual 2005 surplus of $2,308. Collections Work continued on processing the collections that were acquired over the previous three years. The substantial number of donated works of art, valued at over four million dollars, continued to provide-Art Gallery staff with a large volum~ of accessions and analysis. The inventory of the John Burtniak Niagara Collection's works of art was completed and work continued on the condition reports and detailed accessioning of the artwork. Work also ,continued on the Art Gallery's other Acquisitio!lsast~eywere prepared for in-depth - . condition and accession reports. ' Archives &, Library The importance of developing a visual art library for res~arch and community use became imperative in 2005. After forty years of development, Rodman Hall's community arts library, housed in St. Catharines, was decimated by being sold in a yard sale. The donated and purchased books, catalogues, and visual media in Rodman Hall's care provided the Niagara Region with a research resource that, after being disposed of and scattered, cannot be replaced. Once the impact of the loss of such a valuable art historical resource was realized, the Niagara Falls Art Gallery undertook the responsibility to provide asimilar service for the Region. Through donations, books and catalogues continued to be deposited in the Niagara Falls 7 "__.n -. -.----..- -----_.------_._'-----~ _.-.-_..:.~_.._----;- - .... .- .- -. ....,..+-...,.~="~,~.._......~~ . , to the municipal costs assumed by the Art Gallery. 1999-2005 E:x.b1bttiOllS 1m 1999 . . .woo. The Children's Museum maIntaIned three floors GJ2001 . of exhibition space in Niagara Falls and a number 1jjjJ2002 of exhibition modules in WeIland. At the Museum .2003 in Niagara Falls a new exhibition module of optical 112004 : art was introduced to assist children and their .2005 families experience how the mind may be fooled by visual illusions. Other exhibits have been rotated out of day-to-day display, such asthe 48 ft. Years 10ngT-Rex skeleton, and ar,e being repaired for future exhibition. Niagara Children's Museum Daily Accumulated Attendauce for the years 1999-2005. Programs Niagara Falls Art Gallery During2005, 43,411 participants took part in the Art Gallery's programs, compared to 40,272 in 2004. After fifteen years of continuous growth, the AI1Gallery began to reorganize its services by raising fees and temporarily limiting services through the reduction of staff.. Thes_eacJions will allow 14% of its annual revenues to be diverted to cover municipal costs. The impact of the re-organization was to increase the wai~ing lists for a number of programs, limit program development, and maintain the2003 participation level of43,000 participants. Adult & Children's Art Classes, Workshops, & Camps Another impact of the Art Gallery's program re-organization has been- a decrease in its adult and children's art class workshops and program participation. In 2004 there were .' . 3,876 participants while in 2005 A student m the Sa.turda~ art p.rogram~reates a participation decreased to 3,007. The Halloween wltehusmg mixed media. II" . t . It d . . '. sma er partICIpatIOn ra e resu . e In less workshop revenue; $89,768, compared to $105,474 in 2004. The increased cost of programs, less staff, and fewer programs offered were the main reasons forthe decline in revenue. _ _ .. n" __".___ n. ...__..no__. n___ ___.____ 9 - ..-....-.---.....-"'--- ~ , ~ COlIUtlllllitf ProgralllS The Njagara Children's Museum's community programs served 9,217 participants which is a modest increase of 372 over 2004' s 8,845 participants. The ongoing partnerships with cOIITi'?J1unity groups such as Community Living, YMCA's, day-care centres, neighbourhood schools, and local activity clubs and church groups assisted the Children's Museum in . maintaining its community program service level. The need and demand for child and family centred non-athletic programs in Niagara Falls remained strong in 2005. The competition for pmgamand exhibition space at the Oak.wood Drive facility limits the Children's Museum's ability to provide these greatly needed professional services. . , Art Gallery and Children's Museum's Oakwood Drive facility continues to bea concern. Ithasbeen known since 1991 that the building does not have the proper environmental controls,'wall surfaces, and lighting to exhibit works of art throughout the building. Since 1998 the facility could . _ . ". .. _ no longer house day-time art programs '~P::C:~I~;lOf ca~ ~~~~; a ?u~arrymg;~~to;s.:obec-arise'aitily. paificipafioif exceeded the" '- '., '.. ...., ... era ery an . I ren s useum. IS al y .. '. . event contributes to the wear and tear of public bUIldmgs abIlIty to handle large numbers of amenities such as the parking facilities. participants. In 2003 the Children's Museum also began to have problems handling large numpers of children as well as finding space for its . after-school programs due to the competition for space from the Art Gallery's very successful adult 'and children's art classes. To take some of the pressure off the Oakwood ., . "" . . Drive Jacility other sites were obtained to offer~er.vites to meet community demand and ,. .. - ... - '-. .~ ., . .. -'.. - -", , allowthe Gallery and Museum to expand. Although the Niagara Falls Art Gallery is the, largest public art gallery in the Niagara Region and the Niagara Children's Museum is the only one of its kind inthe region, both are lacking appropriate facilities. During the winter of2005 a roof drainage scupper and downspout were damaged by high winds during a storm. The result was the closure of the Art Gallery's open storage exhibition space to protect bothits collections and visitors. Work crews repaired the scupper aswell as re-pointed an area of brick that was damaged by uncontrolled water flow. Further work was needed to repair bricks on the foundation line to prevent further leaking. This work will occur in the spring of2006. Work also began to upgrade the Oakwood Drive facilities fire preparedness with the replacement' of a fire door, and the installation of additional door closers and of are qui red fire door. The Niagara Children's Museum - Wellandcontinued to wait fortheWelland Historical Museum to relocate from its HookerStreet location to its new site in the former Public "__.___n _ __._ . __.".-. _._._' u. __ _. __~..._ __ _ ...,__.__ 11 ..-.- -.------ . -- ---.----.-.-- ,., , - Operating Fund Revenues Total revenues in 2005 were $282,252. The strategic investment, that ended in the spring of2005, by the Ontario Trillium Foundation will continue to pay dividends in the future as the programs that were funded by the Foundation continue to earn revenues. The Niagara Community Foundation provided a $4,000 development grant to the Art Gallery's Children's Museum division that will primarily be disbursed in 2006 to create two new programs. Bingo revenues continued to decljne in 2005. At the end of 200 1 bingo revenues were $30,308; in 2003 $22,410; and 2005 revenues were $13,823. The decrease in bingo revenues has been more than offset by increases in other income areas such as cash donations that were u_ ..... ~._. .. $1~7z260.in,~Q.Q? '_'._ . A sehematic-outlimnlfways of'wiring'llrrefeetricity/iH't'niOd.ute"' -, '.-" ,Workshop revenue also declined from $105,474 to that will facilitate the problem solving skills of participants. $89,768 as the Art Gallery re- This project is funded by the Niagara Community Foundation. orgariizedstaff and services. Price increases on children's programs were put in place to earn additional income to accommodate th~ municipal costs of providing primary Art Gallery and Children's Museum operations in Niagara Falls. Theinitial impact felt in 2005 was a decrease in membership '. and workshop income. ..... . Operating Fund Expenditures Operating Fund Expenditures declined in 2005 as the Gallery reorganized its services. The largest decrease in expenditures was salaries and benefits which fell from $242,405 in 2004 to $213,226 in 2005. Othercosts fell as well. Advertising decreased from $9,298 to$6,989 while workshop disbursements declined from 2004's $18,975 to 2005's $12;336. Other than Insurance, telephone and Internet, all other operating fund expenses declined over 2005. A cash surplus of$146 as well as other income led to an Operating Fund surplus of $2,308. _... ---.. -- -_._- .-.-.- ---... - --------.- -- ..----...-__..____._._______.........,....--___n....._____.. 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Of) 0'1:: """" " 'E! '" 0 ;:!;=.,s ... .... ~ u o '" Z3 ~ 00".,3 El ~ u ~ ~ ~ .S ] ~ .s g.!,g g , "" ~",5gp ~ :> ~ <I) ~.I'I~ o 0 e ~ o,,~ S 0 Vol t!,oS . ~ u " '"' >>- '" "1S ~ ~~~ ~1~t c~.~ 0' ~ J 0 "''\:l "'''1 ~ . :'s.fa .....,s:, "" '5'~ '" '<I) if ~ o ~ '\:l II ~ ~ 5 .~ ~.s ~ 6 0.>> a ~ m .1!l ~, ; m] 'S S .s] .~ '5 ;~ ~lll ~. , ~ .a .... ~ 1 .~.~ '~~ ~~J .~ ..~ "S k:'= 3 t: "'~.~ " 0 ]'a ::l f '~f;l;, !Z<: ..; ..; 0:- . NlHG. FALLS CLERKS · 05 06:.-'911:04 ame& June 26, 2006 TG61053 City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: City Clerk RE: REMOVAL OF HEAVY METAL AND PETROLEUM HYDROCARBON- IMPACTED SOilS USE OF NON-POT ABLE CRITERIA 4428 BROUGHTON AVENUE & 4473 BUTTREY STREET NIAGARA FAllS, ONTARIO Dear City Clerk: AMEC Earth & Environmental, a division of AMEC Americas Limited, ("AMEC") was retained by Mr. Fred Caplan, B.A., LL.B., on behalf of Canadian Specialty Castings Inc. ("CLlENT"), to provide environmental services related to a Soil Remediation Program ("SRP") of the property located at 4248 Broughton Avenue and 4473 Buttrey Street in Niagara Falls, Ontario (the "Site"). It is a requirement of Ontario Regulation 153/04, made under the Environmental Protection Act ("0. Reg. 153/04"), "Records of Site Condition - Part xv. 1 of the Act': that municipalities be notified of the intended use of the non-potable remediation criteria at a site within its boundaries. This letter constitutes such a notice for the Site. Based on the work undertaken by AMEC the following conclusions have been drawn concerning the Site: 1. The Site is not an 'environmentally sensitive area' as defined by the O. Reg. 153/04. 2. The property, and all other properties within 100 metres of the Site, is su pplied by a municipal drinking-water system. 3. The property is not located in an area designated in a municipal official plan as a well-head protection area. 4. The intended future land use of the property is not agricultural or other use. AMEC Earth & Environmental a division of AMEC Americas Limited 3300 Merrittville Hwy., Unit 5 Thorold, Ontario Canada L2V 4Y6 Tel +1 (905) 687-6616 Fax +1 (905) 687-6620 www.amec.com ., " NOTIFICATION LETTER USE OF NON-POT ABLE CRITERIA June 26, 2006 PAGE 2 of2 Based on these findings, the above-noted regulation suggests that the soil remediation criteria for non-potable ground water use presented in Table 3 of the "Soil, Ground Water and Sediment Standards for Use Under Part XV. 1 of the Environmental Protection Act", dated March 9, 2004, are the applicable objectives for use at this Site. If you have any questions concerning the information presented herein, the need for clarification or do not agree with the soil remediation objectives applied to the Site, please contact the undersigned. Yours truly, AMEC EARTH & ENVIRONMENTAL a division of AMEC Americas Limited ~~ ~ Tracy Shute, B.Sc. Environmental Scientist AMEC EARTH & ENVIRONMENTAL Corporate Services Department Clerk's Division Dean lorfida 4310 Queen Street City Clerk P.O. Box 1023 .. Niagara Falls, ON L2E 6X5 .~ web'site: www;cify:niagarafalls.on.ca Tel: (905) 35~-7521 Fax:' (905) 356-9083 E-mail: diorfida@city:niagarafalls.on.ca June 5, 2006 Mr. Kwok Yiu Chu 4619 Crysler Avenue Niagara Falls ON L2E 3V6 ~ K..ok Dear Mr. C : Thank you for your letter dated May 25th. Your request to appear before Council cannot be granted. It is not appropriate for Councilto hear from anyone whcj is engaged in or the subject of litigation with the City. It also should be noted that the City Council does not hire or direct the activities of the fire inspectors. The Fire Prevention Division enforces the requirements of the Ontario Fire Code, Fire Marshal's Act, Ontario Building Code (fire safety system.s and devices), Municipal By-laws, Gasoline Handling Act, Propane Handling, Storage and Utilization Code as well as other Provincial, National and International Codes and Standards. Any action being pursued against you is . in upholding one of the aforementioned pieces of legislation. Once again, thank you for your letter. I will attempt, however, to receive a more formal response from our Fire Department with regard to some of your statements. Sincef(~ly , ..VIIY'-- Dean Iorfida City Clerk Ext. 4271 c. Chief Patrick Burke Ken Beaman, Assistant City Solicitor Working Together to Serve Our Community Clerk's . Finance . Human Resources . Information Systems . Legal .; ." Planning & Development . ~ G ?c'.) /I j'l(>)! 10 . 1 k! (.. . ~ ' :,..J .u...J .- (L~ / ,. ~!I'j,' til.L ~ CLERKe' 'OFt O~?S lFtf;Jli Jt w 'J oJ.. _ _JC.._ _ 1.-_ CITY OF NIAGHRA FALLS KWOK YIU CHU 4310 Queen St. Niagara Falls 4619 Crysler Ave ON. L2E 6X5 Niagara Falls on. L2E 3v6 Dear: Mr. Dean Iorfida city Clerk: I Kwok Yiu Chu of 4619 Crysler Ave Niagara Falls Onto I am writing to you to asking for go to councils meeting next available, asldng why the fire department charged me violate the fire code and aSking the fine of 3 counts of $75,000 in total, my income last year is $4~7~.~l It cast me to be bt~cruPtcy, why the fire inspector waste our tax dollar to charge me that Mr. biggins mix up the t!~te of evident of F.s.I.R. Jan/07/03. In the period of 2003 it was a end of the world for me that My ex-wife want to take my son Kar Lang Chu to Vancouver to re.ide there. at the same time, Why should our city councils should vote for such fire inspector to serve our city and he was not doing the right things? I had sent a letter aSking the fire department on February 16,2006 the fire department never respong in writing Why they didn't take their duty and responsibilities to their fire services? Why should we hide such fire inspector to waste our taE dollars? I want the Feb.16,2006 letter to be answered. in writing pl!ase YOURS TRULY: KWOK YID CHU MAY 25,2006 .. RECE\VED r-$ . ,) FEB 16 200& Fire Department KWOK YIU CH 5815 Morrison St. Niagara Falls 4619 Crysler Ave Ni~ ~AfrrMfN~s ON. L2E 2E8 ON. L2E 3V6 (9 )m,.4GPNtAGAAA. Mr. Patrick Burke fire chief: I (KWOK YIU CHU) live in 4619 crysler ave Niagara falls ON L2E 3V6 Provincial offence court file #03-1359 (1) September 9,2003 I did put (3) smoke alarms into my (3) apartments as Mr. Biggins as his satisfactions but no confirmation letter. (2)September 24,03 Mr. Biggins gave me the Fire Safety Inspection Report to Signed, then told me that I can asked for more time to finish the jobs, then Mr. Biggins testified in court denied that he had not said that. But in the F.S.LR. Mr. Biggins had given me times to October 30,2003 to finish the jobs. How can Mr. Biggins(Fire Prevention Officer) can prevent fire that he did not give me enough informations and did not contact with me between October 15 to October 30,2003 to help me to get thejobs done? (refer to ex.#8 C4) Fire Code part II responsibility for fire protection services and (refer to ex.#8 C3) Fire Marshal Act page 525 Power and duties of fire marshal Act section 3 (c) to assist in the formation of local associations or leagues and to co-operate with any body or persons interested in developing and promoting the principles and practices of fire prevention and fire protection; (3) October 15,2003 1 sent a letter to Fire chief Mr. Patrick Burke then without contact Mr, Biggins came in October 30,03 armed with camera, taken pictures (refer to ex.#8 A2letter)explained what happened on October 30,03 then (4) November 18,03 SUE(Mayor's officer) fax the F.S.I.R. to fire department, (refer to ex.#8 B1)F.S.I.R. right top corner, then I sent letter to fire department (refer to eX.#8 Al to A7letters)they indicated that I had a lots of problems that I dealt with Mr. Biggins then (5) Dec.! ,03 I went to fire department (refer to eX.#8 A4 letter) Mr. Biggins took 45 mins to arranged Assistant fire chief Mr. Lee Smith and Mr. Rodney fmal1y.Mr. Lee Smith told me, take the whole door off, then I solved the dry wall on the door problem, (6) then December 2,03 Mr. Biggins sworn before Justice of Peace Mr. George Radojcic signed the Summon then I received the Summon on Jan.5,2004, 9am then My~ex wife HUI LI (now) came to me lOam said she had tickets ready to take off to reside with our younger son Kar Lang Chu in Vancouver, then I got Mr. James Conte help me to commencing the order to stop her then why the time I need to Stop my ex-wife to take my Kar Lang Chu away from me? Why Mr. Biggins want to Prosecuted me after 30 days then charged me on Jan.5,2004 9am I received the Summon? That took him more than 30 days of the Provincial Offence Act Part I section 3 (3) The Offence notice or summons shall be served personally upon charged within thirty days after the alleged offence occurred. My Provincial Offence Court File #03-1359 (03) means charged on part III refer to Part I of section 3 (3) thirty days of commencing proceeding limited. Therefore Mr. Biggins did not follow the court's rule to charge me in time at all. (7) Ian 21,04 (refer to ex.#8Ietters B6,B7,and B8 of Affidavit) I won over our children's custody, why Mr. Biggins has to charge me on September 24,03 then said I did not finished on October 30,2003 then 2 months later commencing the proceedings to charged me that I received Summon on Jan.5,2004 9am? Page 1 of 3 . : Page 2 of3 Why Mr. Biggins had no indication in the F.S.I.R. how can I dealt with the charged on F.S.I.R. I don't understand so I sent a letter to fire chief of October' 15,2003 asking questions then Mr. Biggins charged me that I did not finish the jobs ofF.S.I.R. of the regulations of refer to ex.#8 Blletter) #1 Flame speed ratings in means of egress shall not exceed 150, what can I do? Until November 18,03 then call me 8:35am said the dry wall has to be on the door, then December 1,03 solved the problem with Mr. Lee Smith told me take the whole door off, as I did. (8) OKJAN07/03 Mr. Biggins wrote down 4 times in F.S.I.R. Mr. McKaig asked Worship L.Ross changed to OKJAN07/04. We all agreed that was Mr.Biggins' mistakl;, OKJAN07/03 means Mr. Biggins satisfied before the charges of 24th September 2003 How could he can accused me after his own words of OKJAN/07/03 F.S.I.R. charged on Sept.24,2003 then Mr.Biggins gave me times to finished Oct.30,03, Between Oct. 15,03 (refer to ex.#8 AI) I asked questions & more times, without contact then testified that Mr. Biggins has no authority to give more time but he already gave me more times to Oct.30,03 following that Mr. Biggins testified I showed Mr. Biggins' the self-closing device first time on Nov.ll,03 (refer to ex.#8 A2 letter) line 3 -then Oct.30,03 I call fire office then Mr. Biggins told me He has to inspect, armed with camera taking pictures said I will be chargebecause dry wall around the panel is not done, then he went down stair, saw I finish some dry wall hole, then call me back that the self closing device is fit to use. It tells that I showed Mr. Biggins the self closing device first time on Oct.30,03 then (line 7 -call me back that the self closing device is fit to use) instructions gave me more times to finished the job. (9) Oct.5,05 new trial Mr. Biggins testified put dry wall on the door was my (Kwok's) idea (refer to eX.#8 A2letter) line 8 -(Nov.18,03 about 8:35am Mr. Biggins call me told me said the dry wall has to be on the door,) It proved Mr. Biggins accused me that I did not say! Mistake again. (10) Summon charged on between occupancies required Ihr. frre resistance and charged on unoccupied restaurant as required then May 10,04 transcript page 14,line 27 to 29, --testified how danger of restaurant occupancy in that time no gas no hydro services into the unoccupied restaurant (Mr. Biggins' mistake again) unoccupied restaurant closed since 1996. (11) F.S.I.R. ITEM #4 is 9.5.2.8.(4)(evidence) get me into law suit Summon charged on 9.5.3.3.(3) everyone can see numbers are difference section page are difference Mr. Biggins' mistake again! Above mistakes Mr. Biggins' made and I had been sentenced on them Two times. There are no Equality before or under the law, Constitution Act 1982 Equality Right, Thanks you for Worship L. Ross kindness seeing my low income of $4787.81 for 2004 lower the fine to $750 per ,counts, but with two boys (10) & (14) these charges are very cruel punishment against ourfamily besides that I did finished all the jobs ofF.S.I.R. at Mr. Biggins' astisfactiolls, (refer to eX.#8 Cl) confirmed I finished them all with difficulty the sentences should not convicted under Mr. Biggins' mistakes(untruth statements) as abov~ e'Xplained, ~ : /" Page 3 of3 interpreter read them out from my conclusions. I have to appeal because Mr. Biggins should not accused me with his mistakes and against me being sentenced . Also I think Mr. Biggins had conflict interest against me because I received Summon of charge on Jan.5,04 9am then lOam my-ex-wife told me that she had ticket ready to take off to reside in Vancouver on next day with Kar Lang Chu (10). (refer to ex. #8 B6,B7,and B8documents of affidavit of KWOK YIU COO Court file no D14, 775/96.) YOURS TRULY! KWOK YIU CHU February 16,2006 Pi ~)e f\Jl.-s f 0 lA.ot ~G0~~./ " - .- -- Corporate Services Department Legal Services Karen I. Kelly 4310 Queen Street City Solicitor P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: kbeaman@city.niagarafalls.on.ca June 16, 2006 Mr. Kwok Yiu Chu 4619 Crysler Avenue Apt. 1 Niagara Falls, Ontario L2E 3V6 Dear Mr. Chu: Re: Kwok Yiu Chu Our File No. 2004-144 This letter is to confirm our telephone conversation of today during which I spent 40 minutes explaining, in detail, every aspect of the prosecutorial process that you cared to ask about. These issues have been explained, in detail, to you over and over again by the Fire Department Staff, prosecutors Nancy MacDonald Duncan and Woodward McKaig and at least 3 Justices of the Peace. As I explained to you, my involvement in this matter consisted of attending a Motion to resist your attempt to avoid paying a fine prior to filing an Appeal. As it turned out, the Motion was redundant because you had already persuaded the Court Staff (contrary to s. 111 (1) of the Provincial Offences Act R.S,O. 1990 c. P.33) to accept the filing of the Appeal. Judge Morrison chose to grant the Appeal without waiting to view a transcript of the trial. I then sent you a letter indicating that I would be withdrawing the Appeal. You then met with Nancy MacDonald Duncan who explained to you why she thought the Appeal was being withdrawn. My reasons for withdrawing the Appeal are: 1) the property was now in compliance with the Fire Code; 2) I judged you to be a person who is unlikely to re-offend; 3) the resources of the Municipality are better deploYl?d elsewhere; and 4) there is no doubt in my mind that if the City had succeeded again, you would have appealed again. The Ontario Court of Justice is already overloaded; they don't need more Appeals. " Working Together to Serve Our Community Clerks . Finance . Human Resources . Information Systems . Legal . Planning & Development . - Mr. Kwok Yiu Chu -2- June 16, 2006 My reasons for withdrawing the charges do not include the likelihood of success. I believe the trial would have been successful. However, it would have served no useful purpose. I confirm that you regard my actions as "manipulating the court system" because you want to use your Provincial Offences trial to have Brian Biggins convicted of perjury. You maintain this position despite it being explained to you by Ms. MacDonald Duncan, Justice ofthe Peace Ross and myself, that the issue of perjury cannot be dealt with in a Provincial Offences Court. I confirm that you refuse to take Justice of the Peace Ross' advice to seek legal advice with respect to this issue. I further confirm that you do not accept that the term "occupancy", as it is used in the dictionary, is not one and the same as the term is used in the Fire Code. This has been explained to you by Fire Department Staff, Ms. MacDonald Duncan, Mr. McKaig and the various Justices ofthe Peace who have dealt with you in this matter. I have explained to you, and you do not accept that the Fire Code is applied to buildings that are not being use based upon the intended use to which the building can or will be put. The Fire Code is drafted to enable its application in this way so that buildings can be brought into compliance with the Fire Code before there are actually people in them. I further explained that, given that the role of the Fire Code is to protect the public from the risk of fire, it seems reasonable that it was drafted to be applied in this way. Furthermore, in the context of this legislation, witnesses often make reference to the potential risk of fire and the increase to those risks caused by failure to adhere to the Fire Code. There is nothing unusual about Mr. Biggins' evidence in this regard. The Fire Code is a Provincial regulation. It was not drafted by the City of Niagara Falls. It is also the Province that defines the duties of and conducts the training ofthe Fire Inspectors. I explained to you that when I appeared in the Appeal Court in December, my role was to uphold a decision of a Justice of the Peace. I am a lawyer; an officer of the Court; and it is not my role to decide for myselfthat the rulings of the Justices of the Peace I appear before are wrong, without even reviewing a transcript of the Hearing. Furthermore, as my client wanted the conviction upheld, it is my job to argue for that result on its behalf. You must retain your own lawyer to have someone to advocate the opposite position for you. Finally, you have chosen to keep this matter before the Courts by filing an Appeal. You are doing this despite Justice of the Peace Ross advising you that the day this matter was withdrawn was your lucky day. Trusting this to be satisfactory. Yours truly, J<t~. KB/jm Ken Beaman Assistant City Solicitor " '1' 1 ~ ~ ~ ~ 1 ~' 1 . ~ .1 ~ !l ~, i ~ t:l ~Vj ~ ;; ~ '--~ j ~ ~ '\ \, ~ ~ . . .~ ~ ~ -") . "'" i:j "") -/ < ~ b '" ~, ~ .. l5 .e:; {l . ~ . ~ d'1:.. \2 i:l ~ J"'- ~ '" , ;t q i> . . ~ \ l if'~ t'> ' r ~ ~ ~~~ ~ ~.'.',\I':'"." L6,'~'1 ~ ,i~~M~:l ;~~"i,.1 . "..~_.. . ..-'" ',::",.';,"t- ...j { . r~...." . ." o - ..'- _. '" - - . / . ..,. ,...,."" / '. '~./'~ Release: C7090 News release via Canada NewsWire, Toronto 416-863-9350 Attention News Editors: Ontario households and businesses to save energy and money McGuinty Government Releases 2006 Building Code TORONTO, June 29 /CNW/ - The 2006 Building code will save energy and money for Ontario's working families and businesses. Released today, Ontario's new Building code: - Has the toughest energy-efficiency standards of any building code in the country - will help cut greenhouse gas emissions across Ontario - Sets higher accessibility standards for people with disabilities and for the elderly. "Our new Building Code will help new-home bu1ers cut long-term energy costs," said John Gerretsen, Minister of Municipa Affairs and Housing. "It will give Ontarians with disabilities greater access to buildings, and it will support Ontario's building industry by encouraging innovation in building design and products." New-home buyers will experience long-term energy savings through higher energy-efficiency requirements: - ceiling insulation levels to be increased by 29 per cent - Basement wall insulation levels to be increased by 50 per cent - windows to be 67 per cent more energy efficient - Gas and propane furnaces to be 90-per-cent efficient instead of the current minimum 78-per-cent-efficiency requirement. Over the next eight years alone, the Building code's increased energy-efficiency requirements will save enough energy to ~ower 380,000 homes and will reduce greenhouse gas emissions by an amount equa to removing 250,000 cars from Ontario's roads. "Conservation is a fundamental and key component of our energy plan for ontario," said Energy Minister DWiTht Duncan. "The 2006 Building code will enable future homeowners to enjoy ong-term energy savings and at the same time reduce Ontario's overall energy use." In addition, the Building Code recognizes the installation of green technologies, such as solar panels. "codes and standards that set high energy-efficiency standards are powerful tools for creating a 'Culture of Conservation'. Supporting the energy-efficiency targets in the Conservation Bureau submission to the Ministry of Municipal Affairs and Housing will result in energy savings," said ontario's chief Energy Conservation officer Peter Love. "Setting dates for the implementation of targets such as Energuide 80 (December 2011) and full height basement insulation (December 2008) is critical. We are pleased that Energuide 80 has also been included as an immediate compliance option. More is achievable. I am asking leading builders and smart home buyers to help us achieve these targets sooner." The new Building code will make buildings throughout the province more accessible to people of all ages and abilities through: - New requirements for public corridors wide enough for modern wheelchairs - Tactile signs to help people with visual impairments navigate through buildings. "Requiring that buildings provide better accessibility means stronger, more inclusive communities for all ontarians," said Minister of community and Social Services Madeleine Meilleur. "These new requirements clearly demonstrate our government's ongoing commitment to Ontarians who have a di sabil ity. " The 2006 Building code is written in a format that promotes innovation in building design and building products. The code's objective-based format is consistent with the code format other jurisdictions across canada plan to adop~ and will help boost Ontario's export of building products to other prOVlnces. "We're encouraging consumers to seek ways to make their homes more energy efficient. We can all benefit from the energb-efficient choices for buildings and homes that will be offered by ontario's uilders and building products manufacturers." said Gerretsen. Disponible en fran~ais www.mah.gov.on.ca Backgrounder ------------------------------------------------------------------------- ENDORSEMENTS OF THE BUILDING CODE 2006 "AS the implementers, enforcers and gatekeepers of the new Building code in communities across ontario, the Ontario Building officials Association and our members look forward to continuing to work with the Ministry of Municipal Affairs and Housing and our other industry partners in the province's innovative building industry to make ontario's built environment more energy efficient." Terry Hewitson, CBCO, President, ontario Building officials Association "Codes and standards that set high energy-efficiency standards are powerful tools for creating a 'Culture of Conservation'. Supporting the energy-efficiency targets in the Conservation Bureau submission to the Ministry of Municipal Affairs and Housing will result in energy savings. setting dates for the implementation of targets such as Energuide 80 (December 2011) and full-height basement insulation (December 2008) is critical. We are pleased that Energuide 80 has also been included as an immediate compliance option. More is achievable. I am asking leading builders and smart home buyers to help us achieve these targets sooner." Peter Love, Ontario's Chief Energy Conservation officer "The new Building Code's energk efficiency standards are a challenge to home builders, but we will wor with our provincial government partner to meet the new requirements. We recognize we have a responsibility, like all Ontarians, to practice and promote energy conservation." Victor Fiume, President, Ontario Home Builders Association "people with disabilities make an enormous contribution to our communities. CNIB has always advocated for a fully inclusive society, and we are bleased with the government's progress in making ontario accessi 1 e to all." Dennis Tottenham, Executive Director, canadian National Institute for the Blind "Sustainable Buildings Canada congratulates the Ministry of Municipal Affairs and Housing for their efforts to improve energ~ efficiency through the new ontario Building code and for taking t e initiative on incorporating renewable technologies, such as solar and wind systems and to opening up the discussion on other green technologies, such as green roofs. SBC strongly urges Ontario to take the same leadership position practiced by most other canadian provinces by requiring all provincially funded buildings to meet Commercial Building Incentive pro~ram levels of energy efficiency, i.e. 25% better than current standards.' Bob Bach, Sustainable Buildings Canada (www.sbcanada.org) "This change will increase flexibility and choice for hundreds of people with a developmental disability who are in need of supportive housing. When we can help people move into housing that is appropriate for their needs, we are creating opportunities for each individual to live as independently as possible in their community." Geoff McMullen, Chair of the provincial Network on Developmental Services Contact: Patti Munce Minister's office 416 585-6333 Disponible en fran~ais www.mah.gov.on.ca Backgrounder ------------------------------------------------------------------------- ONTARIO'S NEW BUILDING CODE Ontario is moving forward with a new Building Code. The 2006 Building Code will: - Set out new energy-effiCienc~ requirements (see separate Backgrounder on energ~ efficiency changes - Establis new construction standards that will make buildings more accessible to people with disabilities - Facilitate the bUildiny of small care homes - Make constructing smal residential buildings easier - Contain a new format that allows more creativity in building design while maintaining public safety - Boost ontario's building industry by encouraging innovation in building design and products. The 2006 Building code sets new standards for accessibility for people with disabilities, supporting Ontario's goal to be a leader in accessibility. under a process set out in the Accessibility for ontarians with Disabilities Act, 2005 (AODA), the province will continue to work to achieve even higher accessibility standards to be implemented in phases through 2025. The changes to the Building Code are a step towards fulfilling the government's AODA commitments to improve accessibility for everyone. The new Building Code also encourages the construction of small care homes by increasing flexibility in the design of such facilities. These changes will make it easier and more cost-effective to build a new small care home or to create one by converting an existing building, and they will help seniors, other Ontarians requiring attendant care and people who have a developmental disability living in small group settings to remain in their neighbourhoods and close to their families, The Building Code is also being changed to make it easier to design and construct houses and other small buildings by including new requirements that are easy to understand and apply. The 2006 Building Code is written in an objective-based format. This means that in addition to including hrescriptive requirements, the new code will contain objectives ex)laining t e rationale behind the requirements. Builders and designers wil now be able to propose alternative designs and building materials that comply with the objectives of the code, while maintaining public safety. This will promote innovation in design and construction. The new Building code will also be more closely aligned with those to be adopted in other provinces. The resulting similarity of standards will benefit Ontario product manufacturers, designers and builders who wish to operate in other canadian jurisdictions. Most of the changes set out in the new Building Code will be in effect December 31, 2006. Certain energy efficiency changes, however, will not come into effect until the beginning of 2009 and others in 2012, to give the building industrb time to prepare for the new requirements. certain ena ling hrovisions, including those that promote the use of green technologies suc as solar photovoltaic s~stems and solar hot water systems and those that promote flexibility in t e design of small care homes, come into force immediately. The Building code is a regulation under the Building code Act, 1992. Contact: David Brezer Ministry of Municipal Affairs and Housing 416 585-6656 Disponible en fran~ais www.mah.gov.on.ca Backgrounder ------------------------------------------------------------------------- ENERGY EFFICIENCY IN THE 2006 BUILDING CODE The 2006 Building code enhances Ontario's leadership in energy-efficiency requirements for buildings through the introduction of higher requirements than the 1997 Building code and previous codes. The higher energy-efficiency requirements balance energy efficiency with the affordability of a home. For example, the extra cost to build a home in 2007 to the new higher energy-efficiency standards will be recovered in three years through reduced energy bills. This will result in substantial long-term savings for Ontario households as well as reduced greenhouse gas production. Over the next eight years alone, the Building code's increased energy-efficiency requirements will save enough energy to power 380,000 homes and reduce greenhouse gas emissions equal to 250,000 fewer cars on Ontario's roads. Houses: ------- A typical new house built in 2007 under the new Building code will be over 21 per cent more energy efficient than one built under the current Building code. This will be achieved through requirements for: - More energy efficient windows (67 per cent increase in energy efficiency) - Higher insulation levels (ceilings are being increased by 29 per cent, walls by 12 per cent and foundation walls by 50 per cent) - High-efficiency gas and propane-fired furnaces (efficiency rating of 90 per cent). Further Building code changes related to energy efficiency will be phased in: - New houses built under permits applied for in 2009 will require near- full-height basement insulation. - New houses built under permits applied for in 2012 will be required to meet standards substantially in accordance with the national guideline, EnerGuide 80. Estimated Increased capital costs, Energy Savings and Payback periods for Houses ------------------------------------------------------------------------- Estimated Estimated Energy Increased Simple Payback savings(x) Capital Cost(x) periods ------------------------------------------------------------------------- December 31, 2006 21.5% $1,600 3.0 years ------------------------------------------------------------------------- December 31, 2008 28% $2,700 4.4 years ------------------------------------------------------------------------- December 31, 2011 35% $5,900 - 6,600 6.9 - 7.9 years ------------------------------------------------------------------------- Note: Figures are based on a typical 2000 square foot gas-heated house in the Greater Toronto Area (x)compared to the 1997 Building Code Non-residential and Larger Residential Buildings: ------------------------------------------------- Energy-efficiency reduirements are being increased for non-residential buildings and larger resi ential buildings built under the new Building code in 2007. New non-residential and larger residential buildings built under permits applied for in 2012 will be required to meet standards 25 per cent higher than the Model National Energy Code for Buildings. Estimated Increased capital Costs, Energy savings and Payback periods for Non-residential and Larger Residential Buildings ------------------------------------------------------------------------- Estimated Estimated Energy Increased simple payback savings(x) Capital Cost(x) periods ------------------------------------------------------------------------- December 31, 2006 16 - 18% $0.98 - 1.11/ft(2) 3.3 - 4.7 years ------------------------------------------------------------------------- December 31, 2011 25% $1.40 - 3.46/ft(2) 5.0 - 7.7 years ------------------------------------------------------------------------- Note: The range depends on the size, climatic location, quality and method of construction of the building. Estimated cost increases are based on typical high-rise residential and high-rise office buildings. (x)Compared to the 1997 Building Code Green Technologies: ------------------- New provisions will promote the use of green technologies such as: - solar photovoltaic systems - Active solar hot water systems - Rooftop storm water retention - Storm and grey water use. These changes come into force immediately. The Ministry of Municipal Affairs and Housing held province-wide public consultations on the energy-efficiency changes from February to A1ril 2006. A technical advisory committee comprising designers, builders, regu ators, manufacturers, and energy su~pliers and advocates reviewed the input from these consultations. The tec nical committee's recommendations were reviewed and are closely reflected in the Building code changes. Contact: David Brezer Ministry of Municipal Affairs and Housing 416 585-6656 Disponible en fran~ais www.mah.gov.on.ca Backgrounder ------------------------------------------------------------------------- WHAT YOU SHOULD KNOW ABOUT THE 2006 ONTARIO BUILDING CODE ontario Households and Businesses will Save Energy and Money The changes to the Building code balance energy efficiency with affordability. Purchasers of houses built to the new energ1 efficiency standards that become effective at the end of this year wi 1 recou~ energy cost-savings equivalent to the extra cost of the upgrades within tree years. ontario businesses also will save energy and money through increased energy-efficiency standards for non-residential buildings. The Building code will now require that: - Insulation levels of ceilings in houses be increased by 29 per cent - Insulation levels of basement walls of houses be increased by 50 per cent - window energy efficiency in houses be increased by 67 per cent - All gas and propane-fired furnaces in houses also will need to have a high-efficiency rating. Over eight years, the Building Code changes will: - Save enough electricity to serve 380,000 homes or enough to power the entire City of London - Reduce greenhouse gas emissions equal to 250,000 cars off ontario's roads. Ontario will Have More Accessible Buildings The 2006 Building Code will enable ontarians with disabilities to stay in their own communities. The new Building Code will make ontario buildings more accessible to people of all ages and abilities. For example: - Public corridors will be built to accommodate modern wheelchairs - New tactile signs will make it easier for the visually impaired to navigate through buildings - Ten per cent of the units in a new apartment building or hotel will have to include accessible features. ontario Leads the way Ontario already leads building re1ulation in canada in setting minimum energy-efficiency requirements for bui dings. By the end of this year, changes to the Building code' energy-efficiency standards will: - Increase home energy efficiency over the current code by more than 21 per cent - continue to be the highest energy-efficiency standards in canada - Be 13 per cent higher than have ever existed in ontario. The new Building Code standards for wall and ceiling insulation, high-efficiency furnaces and energ~ efficient windows are significantly higher than previous ontario standards. T e standards for homes with electrical heating have also been raised, Homes built under permits applied for in 2009 will have to meet even higher standards that: - Mandate the construction of near-full-height basement insulation - will see homes 28 per cent more energy efficient than today. Ontario is the first jurisdiction to mandate EnerGuide 80 levels. This means that homes built in 2012 will have a 35 per cent increase in energy efficiency over today's Building code. The changes to the Building Code further ontario's leadership in energy efficiency standards for buildings. The new Building code also moves Ontario building standards closer to those to be adopted in other provinces, making made-in-ontario building products more easily exportable to other jurisdictions. Contact: David Brezer Ministry of Municipal Affairs and Housing 416 585-6656 Disponible en fran~ais www.mah.gov.on.ca Backgrounder ------------------------------------------------------------------------- PUBLICATION OF ONTARIO'S 2006 BUILDING CODE The Ministry of Municipal Affairs and Housing and serviceontario are pleased to announce that copies of ontario Regulation 350/06 will be available for purchase in early August 2006 from publications ontario at a cost of $35.00. please note this is a special printing of the Regulation only; not the complete office compendium of the Building code. An office compendium of ontario's 2006 Building code will be available in binder and soft-cover formats in the fall of 2006. The compendium will include not only a fully formatted and indexed edition of ontario Reg. 350/06, but also supplementary standards, appendices and related materials. serviceOntario will be accepting pre-orders for the office com~endium in september 2006. copies of the special printing of the Regu ation will be available in August 2006 from ServiceOntario. ------------------------------------------------------------------------- In Person Toronto: Ottawa: Publications Ontario Serviceontario 880 Bay St., 1st Floor 110 Laurier Ave. West Toronto, ON M7A 1N8 ottawa, ON KIP 1J1 Monday to Friday Monday to Friday 8:30 a.m. to 5:00 p.m. 8:30 a.m. to 5:00 p.m. ------------------------------------------------------------------------- By phone By Fax online 416-326-5300 613-566-2234 www.publications.gov.on.ca Toll free in canada 1-800-668-9938 ------------------------------------------------------------------------- Contact: Kate o'Rourke Alek Antoniuk Publications Ontario code Development Unit 416-326-4518 Ministry of Municipal Affairs and Housing 416-585-6456 Disponible en fran~ais www.publications.gov.on.ca www.mah.gov.on.ca For further information: Patti Munce, Minister's office, (416) 585-6333; David Brezer, Ministry of Municipal Affairs and Housing, (416) 585-6656 Ministry of Public Ministere du Renouvellement de Infrastructure Renewal I'infrastructure publique Ontario Growth Secretariat Secretariat des initiatives de croissance de 1'0ntario ~ Ontario 777 Bay St 4th Fir 777, rue Bay 4' etage, Toronto ON M5G 2E5 Toronto ON M5G 2E5 Telephone Toll Free: 1-866-479-9781 Telephone (sans frais): 1-866-479-9781 Fax Number: (416) 325-7403 Telecopieur: (416) 325-7403 June 16,2006 Mr. Dean Iorfida Clerk City of Niagara Falls PO Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida, SUBJECT: Filing of the Growth Plan for the Greater Golden Horseshoe, 2006 I am pleased to provide the City of Niagara Falls with four (4) copies of the Growth Plan for the Greater Golden Horseshoe, 2006, which was issued on June 16, 2006 under the authority of the Places to Grow Act, 2005. These copies are being filed with the clerk of each municipality and with the secretary-treasurer of each municipal planning authority having jurisdiction in the area covered by the plan in accordance with the filing requirements of section 8 (1) of the Act. This package is also being sent to the clerk of each municipality adjacent to the area covered by the Plan. A regulation regarding transition matters was made pursuant to the Places to Grow Act, 2005 on June 16,2006. It provides direction on how the Growth Plan applies to Planning Act applications, matters and proceedings in process on the date the Growth Plan is effective. The regulation sets out which applications, matters and proceedings are subject to all or parts of the Growth Plan. For further information please visit the Ministry of Public Infrastructure Renewal website at www.ontario.ca/placestogrow or call toll free 1-866-479-9781, or local to Toronto at 416-325-1210. Sincerely, ~ C/'~ #;. - Brad Graham Assistant Deputy Minister Ontario Growth Secretariat Enclosure: Four (4) copies of the Growth Plan for the Greater Golden Horseshoe, 2006 (English) One (1) copy of the Growth Plan for the Greater Golden Horseshoe, 2006 (French) (Afi r1JftV I a b Ie }f7 {( er~ , 9\7:800290 90. S)~~31J Slltl:.l'~lH Member Communication L ~r Association of \. . l"'~".. } Municipalities _~~H1~.~, ',.,/ of Ontario A I t 393 University Avenue, Suite 1701 e r Toronto, ON M5G 1 E6 Tel: (416) 971-9856 . fax: (416) 971-6191 email: amo@amo,on,ca To the immediate attention of the Clerk and Council June 8, 2006 - Alert 06/027 MOE Improves Drinking Water Regulation 170 Issue: The Ministry of the Environment Ontario has amended Regulation 170/03 effective June 5, 2006. Background: As a regulation made under the Safe Drinking Water Act, 2002, Regulation 170 sets water testing and treatment standards for municipal and private systems that provide water to year-round residences and those systems that serve designated facilities such as schools, day care services, health centres and social care facilities. Water testing and operating requirements have been amended to facilitate a clearer set of guidelines, to provide more treatment options, and reduce costs for smaller systems. Implemented in June 2003, the original version of Reg. 170 was severely and widely criticized as being too stringent and financially onerous. In October 2004, the AMO Regulation 170 Task Force released 23 recommendations on how to improve the system, which are available on the Municom website. Ministry of the Environment (MOE) staff worked very closely with AMO to ensure the new Regulation was both workable and affordable for both the non-municipal and municipal operators. In May 2005, the government announced its intention to make public health units responsible for ensuring facilities such as churches, community halls, bed and breakfasts and tourist outfitters have safe drinking water. On June 3,2005, systems serving non-residential and seasonal residential uses became subject to Regulation 252/05. MOE announced the move to the new risk-based Reg. 170 on June 7,2006. Highlights of interest to municipalities: Testing . Clearer and less frequent microbiological testing requirements; . Less frequent testing for chemical parameters; . Clearer definitions of terms such as weekly, bi-weekly and monthly. Corrective Action . Clearer and updated corrective actions and chlorine residual levels. Operational Requirements . Enable point of entry treatment to be used as an alternative to centralized treatment and distribution of water. . Flexibility for performing operational checks within all systems, except large municipal residential systems. Action: AMO will continue to monitor developments in water policy to ensure the high quality of municipal drinking water is maintained without any additional burden to the property tax base. This information is available in the Policy Issues section of the AMO website at WWW.amo,on.ca For more information, contact: Milena Avramovic, Senior Policy Advisor at 416-971-9856 extension 342 . .. . . News Release ....~....pntari() Communique Ministry of Ministere de the Environment I' Environnement For Immediate Release June 7, 2006 PROVINCE SAFEGUARDS DRINKING WATER IN HOMES AND SCHOOLS Clearer, Afore Flexible Rules TYill Help Ensure Clean Drinking Water For All Ontarians TORONTO - The McGuinty government has taken another step to safeguard the province's water supply by improving the rules for drinking water systems, Environment Minister Laurel Broten announced today. "All Ontario families want and need the cleanest drinking water possible to keep them healthy," said Broten. "By making the rules for operating municipal and private water systems clearer and more flexible, we are helping ensure safe drinking water for all Ontarians." Ontario Regulation 170/03 sets water testing and treatment standards for municipal and private systems that provide water to year-round residences and those systems that serve facilities such as schools, day cares, health centres and social care facilities. Testing and operating requirements have been changed to be easier to follow, to provide more treatment options and reduce costs for smaller systems. The improvements are the result of extensive consultations over the last year with drinking water experts and with system owners and operators. "The proposed risk-based changes will not compromise public health, but 'will make operations more practical," said Ontario Municipal Water Association Chair Rob Walton. "The Ontario Water Works Association, along with OMW A, provided extensive constructive suggestions for improvements of Reg 170 and is pleased to see these revisions come into effect," added OWW A President Wayne Stiver. This is just one example of how the McGuinty government is safeguarding drinking water to protect the health of Ontario families. Other initiatives include: . Hiring 33 new full-time water inspectors, investigators and compliance staff . Improving how drinking water systems operators across the province are trained . Introducing the Clean Water Act to help prevent sources of drinking water from getting contaminated in the first place. "\Ve are committed to fully protecting Ontario's drinking water," said Broten. "This is a more workable.. cost-eth:ctive approach for owners and operators that will maintain a high level of health protection." -30- .".. .' . ." . ~~~~~~~~~~~formation .CW)...Ontario Ministry of Ministere de the Environment I'Environnement June 7, 2006 AMENDING ONTARIO'S DRINKING 'VATER SYSTEl\i(S REGULATION Ontario Regulation 170/03 This regulation applies to large and small municipal residential systems and non-municipal year- round residential systems (e.g" privately owned mobile home parks, tUral subdivisions). It also applies to any system serving a designated facility (e.g., schools, day cares, health care and or social care facilities). Amendments to OntaIio Regulation 170/03 The amendments to Reg.170 are risk-based and are designed to safeguard the quality of Ontario's drinking water, while making the regulation more workable and affordable for operators of residential drinking water systems and systems serving designated facili ties. They add clarity and flexibility to the testing and operational regimes set out in Reg. 170 and in some cases, could reduce the cost of regulatory compliance. The amendments include: Testing: · Greater tlexibility for timing oftesting chlorine residual in water distribution systems. · Clearer and less frequent microbiological testing requirements f\.lr designated facilities, small municipal residential and non-municipal year-round residential systems. · Less frequent testing for chemical parameters at small municipal residential systems and systems serving mobile home parks and rural subdivisions. · Clearer definitions of tenus such as weekly, bi-weekly and monthly to remove confusion about how often testing must be done. Conective action: · Clearer and updated corrective actions in response to adverse water quality to better focus on appropriate measures when there may be a risk to drinking water. · Clearer direction on adverse conditions and cOlTective action related to chlorine residual in the distribution system. Operational requirements: · Exemption fi'om treatment option for groundwater-based systems serving private year-round residential systems that meet strict safety conditions set out in the regulation. · Providing small municipal residential and private year-round residential systems with the option of using point of entty treatment as an altemative to centralized treatment and distribution of water, subject to following the requirements set out in the regulation. · Mandatory registration of all systems subject to Reg. 170 to ensure the ministry has infolmation about the system. . Eliminating the requirement for an Engineer's Report (former schedule 20), for municipal residential systems. Elements of this repOlt will eventually be captured under a new comprehensive licensing regime as recommended by Justice O'Connor. . For systems that require an Engineering Evaluation Report instead of an approval (e.g., private year-round residential systems and systems serving a designated facility), eliminating the requirement for ongoing update reports to be done on a five 01' 10 year cycle, Owners who alter their system in the future are still required to submit an Engineering Evaluation RepOlt. . Clear requirements to ensure that systems using hauled water have properly constmcted and maintained cistems to protect drinking water. . Flexibility for performing operational checks within all systems except large municipal residential systems. Impl'oving dlinking watel' ngulation in Ontalio Amending Reg.170 is one of the steps in the government's plan to improve the regulation of drinking water systems. In May 2005, the govemment annoUllced its proposal to make public health units responsible for ensuring facilities such as churches, community halls, bed and breakfasts and tourist outfitters have safe drinking water. On June 3, 2005, systems serving non-residential and seasonal residential uses became subject to Ontario Regulation 252/05. The new regulation establishes a basic regulatory framework focused on maintaining a level of microbiological testing, rep0l1ing and com::ctive action that provides a high level of public health protection while reducing the financial burden on o\vners, The MinistlY of the Environment will continue to oversee these systems until the intended transfer to the public health units. For more infolmation about the amendments to the regulation please visit h.t.m.:LL~'!}~y',~~tlJ~UsQ~~:Q1.L~!!L~.nYi~LQlli.lYf!l~!i~ly~6;jly.!>l'JJJm . -30- Contacts: Anne O'Hagan John Steele :Minister's Office Communications Branch (416) 325-5809 (416) 314-6666 Disponible enji'anr;:ais www.ene.gov.on.ca 80 COLLEGE STREET, TORONTO, CANADA MSG 2E2 " THE il-. "- COlllhGJE June 1, 2006 ~, . ~.~.--: OF PHYSICIANS AND SURGlhONS Ted Salci OF Mayor ONTARIO City Of Niagara Falls FAX: (416) 961-3330 Box 1023, 4310 Queen St. TOLL FREE: (800) 268-7096 Niagara Falls, ON L2E 6X5 TEL: (416) 967-2600 Dear Mayor: A number of municipal councils throughout Ontario have recently passed resolutions regarding improving access to family physicians in Ontario. We would like to take this opportunity to provide you and your fellow Council members with an overview of the actions that the College of Physicians and Surgeons of Ontario has been taking to increase the number of licensed physicians in Ontario, as well as convey our 2005 registration statistics. The core function of the College is to regulate the medical profession in the public interest. This includes ensuring that anyone who receives a license to practise medicine in Ontario has the skills and training to do so safely and effectively. We issue certificates of registration to doctors to allow them to practise medicine, monitor and maintain standards of practice through peer assessment and remediation, investigate complaints against doctors on behalf of the public, and discipline doctors who are guilty of professional misconduct or incompetence. One of our top priorities for the last few years has been to find creative ways to address the lack of physicians in this province. Past initiatives have included the publication of Tackling the Doctor Shortage, a discussion paper providing recommendations directed to government and all stakeholders, including the College, that were designed to increase access to physicians. A copy of the paper is available at: www.cpso.on.callnfoyhysicians/physres.htm. Our initiatives have included working with Ontario's Ministry of Health and Long-Term Care, the Government of Canada and other partners to develop new pathways for foreign-trained physicians to become licensed to practice medicine in Ontario. As a result, we have had a number of recent successes as illustrated by our 2005 registration statistics. For example, 2005 marked the second year in a row that the College granted more medical licenses to International Medical Graduates (IMGs) than Ontario medical school graduates. This includes 1,082 certificates issued to IMGs, graduating from 91 different countries. Also, the total number of certificates issued in 2005 was the highest annual total in 20 years. A copy of our 2005 registration statistics is enclosed. However, we recognize that more work must be done. Our 2004 and preliminary 2005 annual member survey results clearly demonstrate that much greater action and attention by government and other health stakeholders is immediately required to ensure patient access to medical care. The number of general practitioners accepting new patients dropped from 39% in 2000 to 16.5% in 2004. We believe that this percentage has decreased even further in 2005. To increase the number of physicians in Ontario, we continue to advocate for the government to increase enrolment at Ontario's medical schools and post-graduate training positions. While the government has moved forward on these initiatives, we would like these spots to be further increased to address the future growing health care needs of our population. .. ./2 The best quality care for the people of Ontario by the doctors of Ontario Iii> THE ~~ COlLlLEGE ~~ :.~-.'"!i OF PlIJIfSHCHANS AND June 1, 2006 - Page two SUlRGEONS OF ONlAlRHO We are also pleased that in 2006, the government allowed IMGs to apply for residency positions in Ontario during their final year of medical school. This included Canadian/Ontarian residents who were studying abroad. We are requesting that this policy is repeated in 2007. In addition, the launch of IMG-Ontario, which provides access to professional practice in Ontario for IMGs who meet the Ontario regulatory requirements, has been a great success. We are requesting that the government continue to support this initiative. Furthennore, we are pleased of the government's recently announced new health human resources strategy, HealthForceOntario. The strategy includes a commitment to repatriate physicians from Ontario who have left to work in other jurisdictions within North America. We are supportive of this direction and look forward to learning more about the specifics of the plan. Other initiatives that we have been advocating to the provincial government include the creation of a health human resources planning body and the consideration of potential collaborative care models. We look forward to continuing to working with government and other stakeholders to address these challenges. Moreover, we at the College recognize the important contributions many municipalities are making towards finding creative solutions that meet the unique needs of their communities. We also encourage you to work with government, as we are, to improve patient access to physicians. On a final note, we are aware that your constituents may contact you to discuss being unable to find a doctor. The College's Doctor Search Service may be able to help. In fact, the College is the only organization in the province that offers this service for members of the public. Doctor Search can be accessed by telephoning (416) 967-2626 or 1-800-268-7096 ext. 626, or by visiting www.cpso.on.ca. We would greatly appreciate it if you would share this infonnation with your colleagues in your municipal council. We hope this infonnation is helpful. Sincerely, O~ ~ \( Dale Mercer, MD, FRCSC Rocco Gerace, MD President Registrar c. Hon. George Smithennan, Minister of Health and Long-Tenn Care Brad Sinclair, Chief of Staff to the Minister Abid Malik, Senior Policy Advisor to the Minister Dr. Joshua Tepper, ADM, Health Human Resource Strategy Division Pat Vanini, Executive Director, Association of Municipalities of Ontario The best quality care for the people of Ontario by the doctors of Ontario 80 COLLEGE STREET, TORONTO, CANADA M5G 2E2 THE * COllEGE ~ I '" OF NEWS RELEASE PHYSiCiANS AND SURGEONS OF ONTARiO FAX: (416) 961-8035 TOlL FREE: (800) 268-7096 EXT, 611 College issues most licenses in two decades TEL: (416) 967-2611 For immediate release February 1, 2006 - The number of certificates of registration (medical licenses) issued in 2005 by the College of Physicians and Surgeons of Ontario (CPSO) was the highest number in 20 years. In addition, for the past two years, a greater number oflicenses were granted to international medical graduates (IMGs) than Ontario graduates. "Last year, 39% of licenses were issued to IMGs, compared to only 27% in 1995. Further, IMGs continue to represent 25% of the total CPSO membership," said College President Dr. Dale Mercer. The CPSO also issued certificates to IMGs who received their medical education from 91 different countries. "Ontario is beginning to reap the rewards of new CPSO registration policies and programs introduced to increase physician resources," said Mercer. Since 2002, 523 applicants have been issued practice certificates under these new policies and programs. "We are working from the premise that all solutions must maintain our existing standards of registration," said Mercer. "The College is dedicated to doing our part to increase the supply of physicians and challenges others, most particularly the government of Ontario, to do the same. Continuing to reduce barriers to the recruitment, registration, training, and education of doctors in this province is one of our top priorities," said Mercer. The College believes that even more action needs to be taken and recommends that the government of Ontario, in its upcoming budget, should: . Increase domestic capacity further by significantly increasing enrolment at Ontario medical schools; . Allow Canadian residents studying at international medical schools to apply for residency positions in their final year of medical school; . Continue to provide the necessary financial support to ensure that every IMG can be fairly assessed, and if eligible, provided with training; . Market Ontario as a great place for health professionals to work and encourage Ontario physicians practising elsewhere to return; . Create a health human resources planning body. "Fully 10% of the CPSO membership is practising outside of Ontario," said Mercer. The College encourages the government to establish a goal of sustainability of physician human resources as it transforms the health system in Ontario. For more information, see Physician Resource Initiatives on the College website, www.cpso.on.ca, under What's New. 01';.... . - \"f~ l -\ !t~',! - JO- ", ~. . ',,,,,,,. \{ . .. "The besl quality care for Ihe people of Onlario by Ihe doclors of Ontari 'f': ?Ct'tv" '.<.'1 Media Inqulfles: ,'-"1' ED Kathryn Clarke Louise Verity 0) , J U N r; 7 200' (416) 967-2600 ext. 378 (41~) 967-2600 ext. 466 ri~;YOFl" ,", ,8 kclarke@cpso.on.ca Iventy@cpso.on.ca fiN . S OFt'fCE ~ j ! 'fHE I COUJ::GI\ IOF , !PHYSICIANS I ANO SURGEONS OF I ON1~\IUO Backgrounder: 2005 CPSO Registration Statistics I. Key Registration Statistics (all classes) . 2,747 certificates of registration were issued, the second highest number in CPSO history. . The total number of certificates issued annually has nearly doubled in the past 10 years. . Ofthe 31,625 total CPSO membership, 3,228 (10%) are practising in the US or another Canadian province. Number of certificates issued (all classes) by source of medical degree: Ontario 1,065 (39% ) Canada 550 (20%) (excludes Ont.) USA 50 (2%) International 1.082 (39%) Total 2,747 10-YEAR TREND: Number of certificates issued (all classes): 1995 2000 2001 2002 2003 2004 2005 1,556 2,144 2,281 2,402 2,511 2,638 2,747 . For the past two years, more certificates were issued to IMGs than to Ontario graduates. . 1,082 certificates were issued to lMGs, a 160% increase over the number issued in 1995. . 39% of all certificates were issued to IMGs compared to 27% in 1995. . The CPSO issued certificates to IMGs who obtained their medical degrees from medical schools in 91 different countries. . IMGs represent 25% of the total CPSO membership. 10-YEAR TREND: Number of certificates issued (IMGs): 1995 2000 2001 2002 2003 2004 2005 419 602 750 828 962 1,069 1,082 II. Practice Certificates of Registration Note: Practice certificates include full independent practice, academic practice, and restricted practice certificates (excludes postgraduate education class). . 1,156 practice certificates were issued, the highest number since 1993. . Of the 1,156 practice certificates issued, 82% (952) were full independent practice certificates, the highest number issued since 1993. . Of the 373 practice certificates issued to IMGs, 215 were full independent practice certificates, the highest number issued since 1991. Practice certificates issued by source of medical degree: Ontario 479 (41%) Canada 282 (24%) (excludes Ont.) USA 22 (2%) International 373 (33%) Total 1,156 10-YEAR TREND: Number of practice certificates issued: 1995 2000 2001 2002 2003 2004 2005 518 924 973 1,022 1,035 1,111 1,156 III. CPSO Registration Policies . The CPSO approved the issuance of 523 practice certificates since 2002 under new registration policies and programs introduced to increase physician resources (e.g., Assistant Professor policy, Restricted Registration policy, and Registration Through Practice Assessment program. . Certificates are generally granted if specified conditions are met, and/or eligible applicants practice under supervision. . Without these policies and programs, most of the 523 applicants would not have been issued a practice certificate. Practice certificates approved under CPSO registration policies: 2002 2003 2004 2005 92 118 166 147 IV. Postgraduate Education Certificates Note: A postgraduate education certificate is the class of license issued after graduation from medical school while the holder is in training, under supervision, in a teaching setting. . 1,591 postgraduate education certificates were issued, the highest number in CPSO history. . The number of postgraduate education certificates issued annually has increased every year since 1997. . The number of postgraduate certificates issued increased by 4% over last year, and 53% over 1995. . IMGs received 44% of the postgraduate education certificates issued. Postgraduate education certificates issued by source of medical degree: Ontario 586 (37%) Canada 268 (17%) (excludes Ont.) USA 28 (2%) International 709 (44%) Total 1,591 10-YEAR TREND: Number of postgraduate education certificates issued: 1995 2000 2001 2002 2003 2004 2005 1,038 1,220 1,308 1,380 1,476 1,527 1,591 V. Issuances to IMGs in 2005, by Country i. Practice Certificates 1. India - 44 2. Egypt - 39 IMGs receiving a 3. UK - 32 4. South Africa - 27 practice certificate most 5. Pakistan - 19 frequently obtained their 6. Nigeria - 17 medical degree from 7. Iraq -14 the following ten 8. Iran - 11 countries. 9. Libya - 11 10. Romania - 11 ii. Postgraduate Certificates 1. India - 88 2. Saudi Arabia - 81 IMGs receiving a postgraduate 3. UK - 42 4. Australia - 36 education certificate most 5. Iran - 34 frequently obtained their 6. Libya - 30 medical degree from the 7. Pakistan - 29 following ten countries. 8. Egypt - 27 9. Ireland - 25 10. Germany - 20 "c~n1(~:~::::~~';C" Regional Clerk's Office ,........%%'tf"..'. . ..' .+ Coporate Services Department y.,.. JRegwn j?~,'/.; '. . . . r ';C ,:' ' , -/' May 26, 2006 TO: All Municipalities in the Province of Ontario RE: Family Physician Shortage The Council of the Regional Municipality of York at its meeting of May 25,2006 adopted the following resolution regarding the family physician shortage: WHEREAS the Ontario Medical Association (OMA) released a report entitled Ontario Physician Shortage 2005: seeds of progress, but resource crisis deepening; and, WHEREAS this Report predicts that the physician shortage in Ontario will reach 2,347 in 2006 and 2,648 in 2008; and WHEREAS it is estimated that 1.2 million Ontarians are without a Family Physician; the population of Ontario continues to grow and age and this problem will grow worse over time as more physicians retire; and WHEREAS in York Region, Georgina and East Gwillimbury are designated by the Ontario Ministry of Health and Long-Term Care as underserviced areas for Family Physicians; and WHEREAS presently there are thousands of Family Physicians practicing in provinces outside of Ontario who have the ability to move between provinces and to open practices without delay in provinces other than Ontario; and WHEREAS the OMA estimates that over 10,000 Canadian trained physicians are currently practicing in the United States; and WHEREAS the current licensing and administrative barriers that physicians face through Practice Assessment Programs and return of service requirements lead to delays of between one and five years for Family Physicians who wish to repatriate to the province of Ontario; and WHEREAS the ability for medical residents to practice under a restricted license to assist with the physician human resource shortage is available in 8 out of 10 provinces but not in Ontario; and .../2 The Regional Municipality rifYork, 17250 Yonge Street, Newmarket, Ontario L3Y 621 Tel- (905) 830-4444, Ex!. 1320, 1-877-464-9675, Fax: (905) 895-3031 Internet: www.region,york.on.ca All Municipalities in the Province of Ontario 2 May 26, 2006 WHEREAS the Regional Municipality of York, through previous resolutions, also recognizes the barriers faced by foreign trained physicians to practicing in Ontario; THEREFORE BE IT RESOLVED that the Council of the Regional Municipality of York urges the Government of the Province of Ontario and the College of Physicians and Surgeons of Ontario take immediate action to: 1. develop new and more effective (repatriation) programs aimed at recruiting Canadian/Ontario-trained physicians currently practicing in other provinces, Ontario medical students studying in other provinces and Canadian-trained physicians currently practicing in the United States; 2. eliminate all return of service requirements for Canadian- trained physicians; 3. prevent delays to physicians working in other provinces who wish to set up practice in Ontario by putting greater reliance on their status as determined by the College of Physicians and Surgeons in those provinces; 4. remove the barriers to restricted licensure for Ontario medical residents in training; and 5. develop appropriate retention measures for highly skilled physicians THAT a copy of this resolution be forwarded to the Premier of Ontario, the Ontario Minister of Health and Long Term Care, the Chief Medical Officer of Health, the College of Physicians and Surgeons of Ontario, all municipalities in Ontario, all York Region MPPs and MPs, the Leaders of the Opposition Parties, and the College ofPamily Physicians of Canada. {Dean "loiiida: "ResoTuIion ,~,',x -,.-.>> ,:,,,.~_,_,_,_,_,__,,,,:,:,:,, :""_,_,_,_,_,_,_,_",/.~",,, .,,_,_ -n~ '/. _~_,_,_,_,_,_"_,_y,, "tll'!!, . "AiI!#A*"~ ~"jfA.6ij' .,. ''''p' ,rqv~{,,,. R:fjcnaJ auk's CXfiIB rpl1~lfJfegilm. ClTp:rfie SJ'\iaB Dfpa1mnt 1'/" June 23,2006 TO: All Municipalities in the Province of Ontario RE: Internationally Trained Physicians The Council of the Regional Municipality of York at its rreeting of June 22,2006 adopted the following resolution regarding Internationally Trained Physicians: WHEREAS the Ontario Medical Association (OMA) predicts that the physician shortage in Ontario will reach 2,347 in 2006 and 2,648 in 2008 in its report entitled Ontario Physician Shortage 2005: seeds of progress, but resource crisis deepening; and, WHEREAS it is estimated that 1.2 million Ontarian s are without a Family Physician; the population of Ontario continues to grow and age and this problem will grow \NOrse over tirre as rmre physicians retire; and WHEREAS qualified International Medical Graduates (IMGs) can make a valuable contribution to Ontario's health care system, particu larly with respect to alleviating the cu rrent and pred icted future physician shortage; and WHEREAS in York Region, Georgina and East Gwillimbury are designated by the Ontario Ministry of Health and Long - Term Care as underserviced areas for Farrily Physicians; and WHEREAS it is noted that the MOH LTC [in conjunction with the College of Physicians and Surgeons of Ontario (C PSO) and Council of Ontario Faculties of Medicine] has recently created up to 200 postgraduate Internationa I Medical Graduates training or evaluation positions per year for fully qualified IMGs who are residents of Onta rio or require postgraduate training ; and WHEREAS internationally trained experienced physicians who currently practice outside of Ontario may be eligible for the new Registration through Practice Assess rren t Program, (RPA); and WHEREAS The Regional Municipality of York recognizes that although sorre positive progress has been made, the physician shortage in Ontario necessitates even rmre progress in th is area; .. ./2 TheR:fjcnaJ MLridfBityofYcrk, 17200 Y 1J1g3Snli, NeAf11rkd, O7Iario L3Y 621 Td: (905) 830-4444, Ext. 1320, 1-877-464-9675, Fax: (905) 895-3031 I ntfrnEi: WNMf'ffim.y:rk .m.m tQ"~~Q:t2,a!9,~..,:J3.~~Q.I~!iQn':'Y9~~.B~9i26:J~6e~"~.:". sIt....... All Munidpaities in the Rovinoo ofOntaio 2 J.me 23, 2006 THEREFORE BE IT RESOLVED that the Council of the Regional Municipality of York urges the Governrrent of the Province of Ontario and the College of Physicians and Surgeons of Ontario take imrrediate action to: 1. devote rmre resources to manage the increase in the numbers of International Medical Graduates applying to the IMG Program 2. take action to make the temporary/pilot 1M G prog ram permanent and self-sufficient 3. prevent delays and rermve barriers to the assessrrent of experienced internationally - trained physicians through the RPA program so thatthey practice in Ontario without unnecessary delays; and THAT the Regional Clerk forward a copy of this resolution to the Premier of Ontario, the Ontario Minister of Health, the Chief Medical Officer of Health, the CPSO, all municipalities in Ontario, all York Region MPPs and MPs, the Lead ers of the Opposition Parties, and the College of Farrily Physicians of Canada. Member Communication L r~ r' Association of \ :,#.'~ .'.: Municip~lities ....'........ "tfl. ....../ of Ontano A I e r t 393 University Avenue, Suite 1701 T cronla, ON M5G 1 E6 Tel: (416) 971-9856 . fax: (416) 971-6191 amail: ama@ama.on.ca To the immediate attention ofthe Clerk and Council June 6, 2006 - Alert 06/026 AMO SuPPOrts McGuinty's Fiscal Imbalance Efforts Issue: AMO is calling on member municipal governments to pass a resolution in support of Ontario's efforts to address the federal/provinci al fiscal imbalance. Background: About thirty municipal leaders from across Onta rio attended a breakfast meeting at Queen's Park today where Premier McGuinty outlined Ontario's case for addressing the federal/provinci al fiscal imbalance. The Premier briefed municipal officials on the key elements of Ontario's strategy and garnered their full support. In outlining Ontario's position, the Premier said that equitable fiscal a rrangements will help build strong communities, a stronger Ontario and a stronger Canada. Ontario's position focuses on the "vertical fiscal imbalance" - calling for equitable treatment of all provinces and territories based on per capita federal transfers and a fair share of funding for programs such as infrastructur e, training and EI. It also calls on the federal government to refrain from increasing equalization, recognizing the cu rrent $11.5 billion equal ization program (funded 43% by Ontario tax payers) is sufficient to fu Ifill its purpose of ensuring that people in all provinces and territories have access to comparabl e public services at comparable levels of taxation. Ontario is also calling for a thorough, long-term review offiscal arrangements through a National Public Commission that \NOuld include municipal governments. The federal/provinci al fiscal imbalance in Ontari 0 has a direct impact on municipal governments. Ontario's communities are contending with a provincial/mun icipal fiscal imbalance that costs municipal property tax payers more than $3 billion a year for provincial social and community health services. Fixing the federal/provinci al gap will help the provincial government to end its reliance on property taxes to fund these provincial health and social services programs. AMO believes that we need to proceed to provincial -municipal discussions on how we can fix the provincial-munic ipal fiscal architecture because it too is not sustainable. A copy ofthe Premier's oresentation is linked to this Alert, which is also posted on the AMO website at VW\IW.a mo .on.ca . Action: Municipal Councils are asked to consider passing a resolution in support of the Premier's efforts and Ontario's position on the issues. A samole resolution is attached. For more information, please contact: Pat Vanini, AMO Executive Director, at 416-971-9856, ex!. 316. :'[):~aQ)Orfla~:~:'q:~Q'~66aII:fl~2~r'Tm~aiaQce"F02~el' Re~ol~IiQn':aoc" 0 Model Resolution In Support Of Ontario's Position On Federal-Provincial Fiscal Imbalance WHEREAS Ontario's communities are proud of the contribution that Ontarians make to other parts of Canada; and WHEREAS Ontarians believe that Ontario must be treated fairly by the federal government; and WHEREAS the Government of Ontario is calling on the federal government to address the vertical fiscal imbalance that would see Ontario treated in an equal manner and therefore all provinces and territories receive federal transfers on a per capita basis and a fair share of funding for programs such as infrastructure, training and EI; and WHEREAS the Government of Ontario is calling on the federal government to refrain from increasing equalization, recognizing the current $11.5 billion equalization program (funded 43% by Ontario tax payers) is sufficient to fulfill its purpose of ensuring that people in all provinces and territories have access to comparable public services at comparable levels of taxation; and WHEREAS the Government of Ontario is also calling for a thorough, principled review of fiscal arrangements through a National Public Commission that would include municipal governments; and WHEREAS the Government of Ontario has recognized that municipal governments do not have access to revenues and resources equal to their responsibilities; and WHEREAS addressing the federal/provincial fiscal imbalance will allow the Government of Ontario to continue to address the provincial/municipal fiscal imbalance which currently undermines the sustainability of Ontario's communities; and WHEREAS equitable fiscal arrangements will help build strong communities, a stronger Ontario and a stronger Canada; THEREFORE BE IT RESOLVED THAT (Name of municipality) supports the Government of Ontario's position and its efforts to address the federal/provincial fiscal imbalance fairly, equitably, without increasing the federal equalization program (and including the creation of a tri- lateral national public commission on fiscal arrangements); and FURTHER BE IT RESOLVED THAT (Name of Local MP), the Right Honourable Stephen Harper, Prime Minister of Canada, the Honourable Dalton McGuinty, Premier of Ontario, the Honourable Jim Flaherty, Federal Minister of Finance, the Honourable John Gerretsen, Ontario Minister of Municipal Affairs and Housing, the Honourable Marie Bountrogianni, Ontario Minister of Intergovernmental Affairs, and the Association of Municipalities of Ontario be advised that this Council support Ontario's position on the fiscal imbalance. . w ~ ! Member Communication L [~r: Association of \ (.'jc. ..... ./ Municip~lities .................;tflj of Ontarro A I t 393 University Avenue, Suite 1701 e r Toronto, ON MSG 1E6 Tel: (416) 971-9856 . fax: (416) 971-6191 amail: amo@amo.on.ca To the immediate attention of the Clerk and Council June 15, 2006 -Alert 06/029 Helping Farmers Issue: The National Farmers Union (NFU), Ontario Office, adopted a resolution at its annual regional meeting in April 2006 advocating a property tax deferral for farmland for a period of up to three years. This particular approach advocated by the N FU, or a similar tax deferral measure, affords municipalities a means of locally responding to their farmlands citizens. Background: The National Farmers Union promotes the position that farmers are facing a serious cash flow crunch and an interim property tax deferral could provide some breathing room until short and long-term solutions to the farm income crisis are implemented. The City of Ottawa, at its meeting of May 24,2006, approved a Farm Grant Program to provide financial relief to \NOrking farmers. The grant program, equivalent to the penalty charges and fees amounting from the tax deferral, will assist eligible farm property owners by allowing the June 22 nd tax installment to be paid on December 7,2006. There are eligibilityconditions to the grant, including that: the property must be defined by M PAC in the farmlands property class; taxes must have been paid up to date before the June 22 nd installment; and, the final 2006 tax installment is to be paid in full on or before December 7,2006. The N FU resolution, which calls for a simila r property tax deferral for farmland, reads: 0 WHEREAS the farm crisis is having a profound negative impact on all farmers in Canada, and 0 WH ER EAS the small amount of relief offered to farmers by the provincial and federal governments in the spring of 2006 is inadequate to meet current financial obligations and pay anticipated input costs, and 0 WHEREAS most farmers are not in a position to be able to take on additional debt financing in either the short or long term, and 0 WHEREAS payment ofmunicipal taxes is impossible for many farmers atthis time, 0 TH ER EFOR E BE IT R ESOL VED that the N FU request all municipalities to forgive the interest that \NOuld otherwise be O\Ned on the tax not paid, for a period of up to 3 years, as a sign of solidarity with farmers in Canada. The N FU acknowledges that property tax relief will not solve the farm crisis, but advocates the interim tax relief to assist in what has been a sharp decline in realized net farm income. Action: AMO has agreed to circulate this information for local consideration. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca For more information, please contact: Patricia SWertlone, AMO Senior Policy Advisor, at 416-971-9856, ex!. 323. --,',;, ,'-',',,':',',',',:,;;,';; " . '''''''''''''''''''''',;;,:,;,,,,::~._,,,,,,,,,,,,,,,,,,,,";"':,~''<'>''z_'''''''''''''''''''''''~'W''; .' """"""""""""'"'' w""""",_"""""""";,,,>~ ,W"L,"""""""""':'~;"';;"'::'::::':"'_""~"'"""""""""""""',,,,," ~.:.:.:."."_,.,_,_,_,_,_,_,_,_,,. ig~~~)2[fi~~:g2Q2J?C!..lt.M.~D..i...~c::tln!Eg~d.~c::~9:e.9f ,,:<.:<."" '..".,,:.'.'.:.:,.,.:-~-- Member Communication I ~ r Association of " .' .;~, '. . ", Municipal~ies ~, ,.H;,~... '.J of Ontario A I e r t 393 University Avenue, Suite 1701 Tcronto, ON MSG 1 E6 Tel: (416) 971-9856 . fax: (416) 971-6191 amail: amo@amo.on.ca To the immediate attention of the Clerk and Council June 15, 2006 - Alert 06/028 Province Introduces Changes to the Municipal Act Issue: Minister of Municipal Affairs and Housing John Gerretsen has tabled a Bill entitled the Municipal Statute Law Amendment Actthat introduces some significant changes to the Municipal Act. Analysis: The Municipal Act is the cornerstone of the provincial-municipal relationship. The changes proposed in the Bill help move Ontario toward a more mature relationship with municipal governments by reducing Provincial micro-management and providing broader, accountable authority for municipal governments to pass laws. Broader authority and less prescriptive regulation signal that the Province believes the municipal order of government is respected, responsible, and accountabl e. Ontario's municipalities will be able to strengthen good governance, encourage eco nomic growth, and prom ote a high quality of life as a result of improvement s in this legislation. The new Act stops short of offeri ng municipalities broader taxation authority. V\h1 ile more permissive taxation tools \NOuld not have begun to offset the high cost of providing downloaded provincial community health and social services, itwas vie\Ned as a potential source of some relief for cash- strapped municipalities. Premier McGuinty has acknowledged the fiscal challenges that Ontario municipalities are struggling with and he has made a strong commitment to addressing them within the broader context of reforming the "fiscal architecture" shared by the Federal, Provincial and Municipal orders of government. AMO supports these efforts and continues to call on the Provincial government to \NOrk with AMO to create a viable plan to restore fiscal sustainability for Ontari 0 municipalities over a manageable period oftime. Highlights of interest to municipalitie s: The general structure of the 2001 Act has been mainta ined which will assist municipalities in their work with the legislation. Enhanced Powers . Broad permissive pO\Ners in the following areas: 0 Governance structure within the municipality including local boards with some restrictions o Accountability and transparency of the municipality and its operations and those of its local boards 0 Financial management of the municipality and its local boards 0 Public assets of the municipality acquired for the purpose of exercising its authority 0 Economic, social and environmental \Nell-being of the municipality 0 Health, safety and \Nell-being of persons 0 Services and things that the municipality is authorized to provide under subsection (1) 0 Protection of persons and property, including consumer protection o Animals 0 Structures including fences and signs 0 Business licensing - 2 - . The Spheres of Jurisdiction from the 2001 Act are also continued as is the rule related to those powers in tINO-tier situations; additional rules to deal with areas of new broad powers; . Expanded power to delegate council authority and duties with some restrictions; . Enhanced powers of entry, abilities to levy fines and penalties. Accountability . Permissive authority to estab Iish Codes of Conduct, an Integrity Commissioner, Ombudsman, Auditor General, and a Lobbyist Registrar; . Clarity around provisions governing open meetings and when meeting can be in-camera; . Rules and investigation related to compliance with open meeting rules, including potential role for Provincial Ombudsman. Financial and Adm inistrative . Greater flexibility to collect user fees on a full cost recovery basis and more capital works are eligible for local improvement charges; . Added tools for economic development and greater authority for Business Improvement Areas (BIAs), Community Improvement Plans (CIPs); . No new tax tools are proposed at this time although Administrative Monetary Penalties authority is provided; . Specific, rigid provisions for sale and dispos ition of land, procurement, notice, among other matters have been replaced with general requirements for municipalities to adopt their own policies in these areas. Background: Minister Gerretsen first committed to reviewing the Municipal Act in June 2004 and has repeatedly stated that it is intended to come into effect in December 2006 or January 2007. AMO promoted broader power s and greater flexibility for municipa Iities during the discussion with the Province leading up to the 2001 Act. We continued to promote this frame\NOrk with Minister Gerretsen and developed in 2004 the following nine key principles in concert with staff Associations along with a series of recommendatio ns. 1. Municipalities are responsib Ie and accountable governments. 2. New legislation shall enhance existing municipal powers. 3. The Province shall stop micromanaging municipal governments. 4. V\ihere there is a compelling provincial intere st the province shall when regulating municipal government define atthe outset that interest. 5. Provincial legislation shall be drafted with the expectation of responsible municipal government behaviour and not as a remedial tool. 6. Accountability means mutual respect between municipal government, the Province and other public agencies. 7. Resources for municipal governments shall be sustainable and commensur ate with the level of responsibility. 8. The Municipal Act shall include principles that will protect the Municipal Actand municipal powers from all provin ciallegislation. 9. The Province shall commit to increasi ng the understanding and awareness of municipal government within all ministries. LQ~~D:I9rfi~~"~=Q[Q~I~~fM:~6['A~r'I;;irQ?~2~~~e~I:::':':"'"'"w, - 3 - The courts and provincial governments across Canada have recognized the changing relationship between the provinces and their municipalities by recognizing that municipal powers should be interpreted broadly to confer broad authority on municipalitie s. AMO had suggested that the Municipal Act should recognize this new relationship and the Bill does that, providing for broad interpretation of municipal powers under the Municipal Act as well as any other Act, which is a key change. Action: We will review the Bill in detail, provide comments to the Province, and appear before Standing Committee after the Bill has received Second Reading. We encourage the Opposition Parties to give this Bill priority so that new councils at the end of the year can operate in a framelMlrk that is more reflective of the courts and the maturity of municipal government This information is available in the PoIic y Issues section of the AMO website at www.amo.on.ca For more information, contact: Pat Vanini, AMO Executive Director. 416-971-9856 extension 316; or Scott Vr:it<ey, Senior Policy Advisor at 416-971-9856 extension 334 Member Communication L Da r Association of \ 'i,;.;". ": Municip~lities ".wm...:.;ttl.w "w.../ of Ontario A I t 393 University Aver'lJEl, Suite 1701 e r T cronlo, ON M5G 1 E6 Tel: (416) 971-9656 . fax: (416) 971-6191 email: amo@amo,on,ca To the immediate attention of the Clerk and Council June 16, 2006 - Alert 06/031 Government Responds to Operating Farmers Markets and Community Events Concerns Issue: The Minister of Health and Long Te rm Care, George Smitherman, has announced that farmers markets and community events will be able to continue operations as usual while still protecting the public's health. Background: The Government has provided clarification to an enforcement issue that had resulted in uneven application of legislation across the province related to farmers markets and community events. The government has exempted farmers markets from rules that apply to restaurants and other commercial establishments through amendments to Regulation 562 (Food Premises) under the Health Protection and Promotion Act (H PPA). This will ensure that farmers markets are not held to unrealistic standards developed for very different types of retail establishments like grocery stores and restaurants. The Government has committed to a $1.5 million dollar education campaign that will promote safe food handling and preparation practices at farmers markets and community events. Recognizing the distinct nature offarmers markets, the government has exempted them from having to follow the requirement s of the Food Premises Regul ation under the H PPA. V"Me market vendors are now exempted from the Food Premises Regulati on, the HPPA will still apply. The sale of uninspected meats, unpasteurized milk and ungraded eggs atfarmers' markets continues to be prohibited. Public health inspectors will continue to have the duty and authority to investigate and intervene - on a case by case basis - should a health hazard exist. Action: AMO is pleased that the Ministry has heard the concerns expressed by our ROMA members and have subsequently implemented measures that recognize the importance and value of community events and farmers markets. This information is available in the PoIic y Issues section of the AMO website at www. amo. on. ca For more information, contact: Petra Wolfbeiss, AMO Senior Policy Mvisor, at 416-971-9856 extension 329 & TOMlsltip'of EdwudsburgblCardioal ?O.lilQX 129. 18.CENTREST www.edw4I'dslmrghcardmal.ea PHON"', 111S.e53<3056 SPENClil'l'vn.LE. om: FAX: 613-llli$-34<i5 1<01: 1)(0 S-MAII.: majf@t!1iwar<l~tdlnaJ.~ June 13, 2006 RE: FARMERS' MARKETS At its regular meeting of June 5, 2006, the Council of the Corporation of the Township of Edwardsburgh/Cardinal passed the following resolution: Resolution Number 2006-212 Moved by: M. Thomson, seconded by: C. Burrell WHEREAS "Farmers' Market Ontario" (FMO) has released a report entitled Recommendations to Ensure Food Safety at Ontario's Farmers Markets which was used by the Ministry of Health and Long-Term Care (MOHLTC) in developing the draft regulations relating to farmers' markets which legislation has been placed "on hold" over the summer of2006 to allow the FMO to test the rules set out in the draft legislation; WHEREAS the MOHL TC has not released the draft legislation to the general public and the local Health Unit has also refused to release the document; NOW THEREFORE BE IT RESOLVED that the Council of the Township of Edwardsburgh/Cardinal requests the Minister of Health and Long Term Care to place a moratorium on legislative changes that would alter the current social and cultural make-up of Ontario's farmers markets, church suppers, bazaars, teas, pot-luck suppers, and other similar community social and fundraising events. BE IT FURTHER RESOL YED that a copy of this resolution be forwarded to the MOHL TC and to AMO for distribution to AMO members. Township Council would appreciate your municipality's support in this matter. Please provide a copy of your correspondence to the Honourable George Smitherman, Minister of Health and Long-Term Care, 80 Grosvenor Street, 10th Floor, Hepburn Block, Toronto, Ontario, M7 A 2C4. Yours truly, ~#~. Debra McKinstry ClerkIPlanning Administrator Member Communication I oar Association of . ". . (i,; .., ': Municipalities ,........".Jtfl..., '"../ of Ontario A I t 393 University Avenue, Suite 1701 e r Toronto, ON M5G 1E6 Tel: (416) 971-9856 . fax: (416) 971-6191 email: amo@amo.on.ca To the immediate attention of the Clerk and Council June 16,2006 -Alert 06/030 Government Announces Next Steps in AODA Issue: The Minister of Community and Social Services and Minister Responsible for Ontarians with Disabilities, Madeleine Meilleur has announced that the Government will be moving forward on developing three new accessibility standards. Background: The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) came into force upon Royal Assent on June 13, 2005. The proposed legislation was introduced as Bill 118 on October 12, 2004 and passed Second Reading by unanimous vote ofthe legislature on December 2,2004. The purpose of the AODA is to achieve accessibility for Ontarians with disabilities by 2025 by developing, implementing and enforcing accessibility standards respecting: goods, services, facilities; accommodation; employment; buildings, structures and premises. Five key areas for standards development under the AODA have been identified for priority action: Customer Service, Transportation, Information and Communications, the Built Environment and Employment. The first tINe of the five standard develop ment committees, Transportation and Customer Service Standards Development Committees (SDCs), established under the AODA in February 2006, are \NOrking towards completing their proposed accessibility standards. The proposals will be posted for public review. AMO had representation on both of the current SDCs and will be canvassing for membership on the following three SDCs. While supportive of the legislation, and recognizing that a 20-year implementation period does mitigate some immediate cost pressures, concern continues to exist regarding municipal cost impacts. Action: AMO will continue to monitor the development of standards and address municipal concerns and interests through the AMO Barrier Free Access Working Group. This information is available in the PoIic y Issues section of the AMO website at www.ama.on.ca For more information, contact: Petra Wolfbeiss, AIv10 Senior Policy Advisor, at 416-971-9856 extension 329 Member Communication L [vt,' Association of " ~~" .. ' / Municip~lities m "trl.. "m../ of Ontarro A I t 393 University Avenue, Suite 1701 e r Toronto, ON M5G 1 E6 Tel: (416) 971-9856 . fax: (416) 971-6191 email: amo@amo.on.ca To the immediate attention of the Clerk and Council June 20, 2006 - Alert 06/032 Canada and Ontario launch COMRIF "Intake Three" Issue:Today, the governments of Canada and Ontario announced the launch of the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) "Intake Three". Background: Intake Three will build on the successful intakes "One" and "Two" of COMRIF, and will provide the remaining 16 per cent, or over $93 million of federal-provincial funding through this initiative. COMRIF is a competitive, merit-based program. Difficult decisions will have to be made during this final intake approval process, as the total amount of funding requested will likely exceed the available allocation. Projects for Intake Three will be assessed using three criteria: health and safety, public policy priorities, and value for money, as outlined in the Intake Three Application Guidebook. Only those projects that best meet these criteria, including support for federal and provincial policy directions such as investing in regional water and sewage systems, sustainable water and sewage systems (i.e., full-cost recovery), reducing greenhouse gases, and economic development and increased waste diversion, will be selected for funding. As a result of funding provided by the governments of Canada and Ontario, investments were made for infrastructure improvements in 120 municipalities for Intake One and 88 municipalities for Intake Two for communities across Ontario. Projects that were not funded under Intake One or Two can be re-submitted under Intake Three. Municipalities are encouraged to review their infrastructure priorities against the Intake Three priorities and select a project to submit accordingly. Intake Three priorities criteria, application details, deadlines and supporting documents are available at htto://www.comrif.ca, or by contacting the COMRIF Joint Secretariat at 1-866-306- 7827. While AMO is working in partnership with Canada and Ontario on the development, promotion and monitoring of the COMRIF program, AMO will not play any role in the assessment of project applications or the selection of projects for approval. COMRIF is a partnership between the Government of Canada, the Government of Ontario, and AMO. Through COMRIF, the governments of Canada and Ontario are each investing up to $298 million over five years to improve public infrastructure in small urban and rural municipalities throughout the province. With municipal contributions, COMRIF is expected to stimulate up to $900 million in infrastructure investments. Action: AMO will keep members informed of the status on COMRIF Intake Three. AMO continues to advocate for additional funding to address the significant infrastructure deficit at the municipal level of government. This information is available in the Policy Issues section of the AMO website at www.amo,on.ca For more information, please contact: Patricia Swerhone, AMO Senior Policy Advisor, at 416-971-9856, ext. 323. Member Communication L Ctr r' Association of /\\ " e~. . .... . "';' Municip~lities ~_m'"w\ ,tJL "'ow/' of Ontano A I t 393 University Avenue, Suite 1701 e r Toronto, ON M5G 1E6 Tel: (416) 971-9856' fax: (416) 971-6191 email: amo@amo.on.ca To the immediate attention of the Clerk and Council June 21, 2006 - Alert 06/033 Province Amends Emergency Measures Act Issue: Bill 56, An Act to amend the Emergency Management Act, the Employment Standards Act, and the Workplace Safety and Insurance Act received Royal Assent yesterday. Analysis: Bill 56 is important legislation that will make Ontario even safer by providing emergency powers legislation. AMO is supportive of the general direction of the legislation. AMO supports measures that enhance our collective ability to prepare, prevent, mitigate, and respond to natural and other emergences However, AMO shares the concerns of the Ontario Association of Emergency Managers (OAEM) that the Act gives extensive powers to the Province but no new powers to the municipalities where the emergency is managed. The Act provides the Premier the powers to unilaterally make decisions without consulting affected municipalities. While decisions must be made quickly, every municipality is now mandated to have an emergency plan, to designate a Community Emergency Management Coordinator, to have the appropriate tools, training and expertise to respond to emergencies and should be consulted as much as possible. In addition, the lack of provisions for enforcing these powers means they will be left to the local authorities coping with the emergency to enforce. AMO's main concern with Bill 56 is that there is little mention of compensation for affected municipalities. The implications and the cost impacts, which are very important to municipalities and their taxpayers, can only be determined after the regulations have been passed. AMO argued that the Province should have the same responsibility for absorb expenses related to emergencies as municipalities whenever they declare an emergency. Minister of Community Safety and Correctional Services Monte Kwinter has assured AMO that Section 13.1 (2) of the legislation provides a mechanism for municipalities to be compensated by the Province in the event of a provincially declared emergency. Background: Following the SARS and blackout emergencies, a review of provincial emergency powers legislation demonstrated that Ontario's legislation was inadequate in comparison to other jurisdictions. On December 15, 2005, the government introduced Bill 56, the Emergency Management Statute Law Amendment Act. Bill 56 is primarily designed to ensure that appropriate municipal and provincial infrastructures are in place to deal with a local or provincial emergency by providing for the creation, testing and updating of emergency programs and plans. While Bill 56 provides for the declaration of a provincial emergency, it does not give the government broad powers to issue orders or take action to deal with situations that might arise during the emergency. Bill 56 gives Cabinet or the Premier the authority to declare a provincial emergency, if the resources normally available to the government are considered insufficient to respond adequately to the crisis. Bill 56 also provides emergency powers to assist in the management of declared provincial emergencies. Action: AMO will continue to monitor developments and offer its support to the Ministry to determine the best way to utilize existing plans and programs at the local level in a provincially declared emergency as well as outstanding liability and cost concerns. This information is available in the Policy Issues section of the AMO website at wwW.amo.on.ca For more information, contact: Scott Vokey, Senior Policy Advisor at 416-971-9856 extension 334 Member Communication L' [.J {:, Association of \ (~A ". / Municip~lities m'm \m,tflm,m./ of Ontario A I t 393 University Avenue, Suite 1701 e r Toronto, ON M5G 1E6 Tel: (416) 971-9856' fax: (416) 971-6191 ernail: amo@amo.on.ca June 28, 2006 - Alert 06/034 To the immediate attention of the Clerk and Municipal Waste Managers or Recycling Coordinators AMO Position on Household Hazardous Waste/Household Special Waste (HHW/HSW) Issue: AMO's position paper on household hazardous and special waste (HHW/HSW) has been met with resoundingly positive responses from the Association's members. The paper went to the AMO Board of Directors on June 23rd 2006, where it was unanimously approved. Background: The Honourable Laurel Broten, Minister of the Environment, announced on April 20, 2006, that she will be designating HHW/HSW in the near future. The Province is currently consulting with the public on the draft regulations with a deadline of July 10th. In anticipation of the Minister's designation, AMO, through its AMO/AMRC (Association of Municipalities of Ontario I Association of Municipal Recycling Coordinators) Waste Management Task Force, has developed a position paper on the management of this waste. The AMO/AMRC Proposal for a Provincial Household Hazardous Waste and Special Waste StrateQV was approved by AMO's Board of on June 23rd. The paper has received considerable support from AMO members across the Province. Councils in over 80 municipalities responded to the paper with resolutions of full support. Currently, resolutions are still coming forward. AMO believes that in order to meet its goals of designating HHW/HSW, the Province must provide clear direction in respect of the following: 0 Recognition that HHW/HSW is a public health and safety issue and that municipalities have a vested interest in an effective HHW/HSW management system, as it transcends all environmental boundaries due to its potential impacts on air, soil, municipal landfills, water, storm drains, sanitary sewers and waste water treatment facilities; 0 Recognition that the principles of Extended Producer Responsibility (EPR) and Design for the Environment (DfE) place the responsibility for product residuals and packaging on industry; 0 Industry funding to operate, maintain and expand, as needed, HHW/HSW collection infrastructure and public education programs; 0 Utilize the CSA HHW standard and specify a short list of HSW that includes latex paints and coatings, oil containers, oil filters, propylene glycol, alkaline batteries and pharmaceuticals, and to further stage in residentially generated used motor oil as part of the overall program; .. ./2 - 2 - 0 Recognize that the current municipal level of service offered across Ontario is varied and that it cannot be reduced but must be improved to an acceptable standardized provincial level of service, to be determined in association with municipalities and industry; 0 Require industry to fund and establish HHW/HSW related research that provides scientific and verifiable data that can be used to further enhance the system for uniform program delivery for all residents across Ontario; 0 Support industry in its efforts for reduction, reuse and reformulation initiatives via eco-Iabelling, procurement, outreach and education programs; 0 Empower Waste Diversion Ontario (WOO) by ensuring that it has sustainable funding, full authority to develop an HHW/HSW program and the necessary policy and approval support from the Minister of the Environment. Action: For your information. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca For more information, contact: Milena Avramovic, AMO Senior Policy Advisor, at 416-971-9856 ext. 342 ~ Ontario LEGISLATIVE ASSEMBLY JERRY J. OUELLETTE, M.P.P. Queen's Park Office: Constituency Office: Rm. 428 1 70 Athol SI. E. Oshawa Legislative Building Oshawa, Ontario Toronto, Ontario 11 H 1 K1 June 8, 2006 M7A 1A8 Tel. (905) 723-2411 Tel. (416) 325-2147 Fax (905) 723-1054 Fax (416) 325-2169 Mayor Ted Sa1ci & Council E-mail :jerry_ouellette@ontla.ola.org Website:www.oshawampp.com P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor & Council: I am pleased to be able to provide you with a copy of my Private Member's Bill, the Motor Vehicle Origin and Component Disclosure Act, 2005, which I introduced in the Legislative Assembly of Ontario. The legislation is designed to assist consumers in making an educated decision when purchasing automobiles and help to promote our domestic automotive sector and support the North American auto industry. This Bill, if passed will require that all advertising of new 2009 and new motor vehicles indicates the country in which the vehicles and components are produced as well as the respective proportion in which each of the components make up the vehicle. (For example: 85% made in Canada; 15% assembled in United States) The automotive industry is the engine which drives the economy of Ontario. The province's automotive plants currently produce some ofthe best quality vehicles in the world, and it is important that we give the manufacturers, the employees and their families all the support they deserve. I would appreciate any comments or input on the Bill so that any amendments can be developed prior to further debate in the Legislature. I look forward to your valuable input and appreciate all your support. Yours Sincerely, Oshawa * .--- ""DI LTIU .\I.Tatl 2ND SESSION, 38TH LEGISLATURE, ONTARIO 2" SESSION, 38" LEGISLATURE, ONTARIO 54 ELIZABETH II, 2005 54 ELIZABETH II, 2005 Bill 55 Projet de loi 55 An Act to require the Loi exigeantla divulgation disclosure of the country of origin du paysd'origine and the components of motor vehicles et de la liste des pieces sold in Ontario des vehicules automobiles vendus en Ontario Mr. Ouellette M. Ouellette Private Member's Bill Projet de loi de depute 1st Reading December 15,2005 1 r" lecture 15 decembre 2005 2nd Reading 2" lecture 3rd Reading 3" lecture Royal Assent Sanction royale Printed by the Legislative Assembly Imprime par I' Assemblee legislative of Ontario de l'Ontario * ~ ~ , ( Bill 55 2005 Projet de loi 55 2005 An Act to require the Loi exigeant la divulgation disclosure of the country of origin du pays d'origine and the components of motor vehicles et de la Iiste des pieces sold in Ontario des vehicules automobiles vend us en Ontario Her Majesty, by and with the advice and consent of the Sa Majeste, sur I'avis et avec Ie consentement de Legislative Assembly of the Province of Ontario, enacts I' Assemblee legislative de la province de I'Ontario, as follows: edicte: Definition Definition 1. In this Act, 1. La definition qui suit s'applique a la presente loi. "motor vehicle" means an automobile, motorcycle, motor ((vehicule automobile)) S'entend notamment d'une auto- assisted bicycle and any other vehicle propelled or mobile, d'une motocyclette, d'un cyclomoteur et de driven otherwise than by muscular power, but does not tout autre vehicule mu ou conduit autrement que par la include a street car, any other motorized vehicle run- force musculaire, a I'exception d'un tramway, d'un au- ning only upon rails, a motorized snow vehicle, a trac- tre vehicule automobile sur rails, d'une motoneige, tion engine, a farm tractor or other self-propelled ma- d'un tracteur meme agricole et des autres machines au- chinery primarily intended for farming or construction tomotrices servant principalement a I'agriculture ou a purposes. la construction. Disclosnre requirements Exigences relatives a la divulgation 2. (I) No person or body shall sell or offer to sell a 2. (l) Aucune personne ni aucun organisme ne doit motor vehicle in Ontario unless, vendre ou mettre en vente un vehicule automobile en On- tario a moins que les exigences suivantes ne soient res- pectees : (a) all advertising done to promote the sale of the ve- a) toute la publicite faite pour promouvoir la vente du hicle clearly indicates the information described in vehicule indique clairement les renseignements vi- subsection (3); ses au paragraphe (3); (b) any contract for the sale of the vehicle, if the vehi- b) tout contrat de vente du vehicule, si celui-ci est cle is delivered to the purchaser under the contract livre a I'acheteur aux termes du contrat apres Ie after the day on which this Act comes into force, jour de I'entree en vigueur de la presente loi, indi- clearly indicates the information described in sub- que clairement les renseignements vises au para- section (3); and graphe (3); (c) the information described in subsection (3) is c) les renseignements vises au paragraphe (3) sont clearly indicated on the vehicle when it is delivered clairement indiques sur Ie vehicule au moment de to the purchaser, if it is delivered to the purchaser sa Iivraison a I'acheteur, si celle-ci se fait apres Ie after the day on which this Act comes into force. jour de I'entree en vigueur de la presente loi. Same, advertiser Idem, publicitaire (2) No person or body shall publish advertising to (2) Aucune personne ni aucun organisme ne doit pu- promote the sale of a motor vehicle in Ontario unless it blier de la publicite afin de promouvoir la vente d'un ve- clearly indicates the information described in subsection hicule automobile en Ontario a moins que celle-ci n'indi- (3). que clairement les renseignements vises au paragraphe (3). Information to disclose Renseignements a divulguer (3) The information that a person or body is required (3) Les renseignements qu'une personne ou un orga- to disclose under subsection (I) or (2) is, nisme est tenu de divulguer aux termes du paragraphe (I) ou (2) sont les suivants : 2 MOTOR VEHICLE ORIGIN AND COMPONENTS DISCLOSURE ACT, 2005 (a) the name of the country in which the motor vehicle a) Ie pays ou Ie vehicule automobile a ete produit; was produced; (b) a list of the components, if any, that make up the b) la liste des pieces, Ie cas echeant, qui composent Ie motor vehicle, set out in decreasing order of the vehicule automobile, lesquelles sont indiquees en proportion in which they make up the vehicle; and ordre decroissant en fonction de la proportion que chacune d'entre elles represente par rapport a l'ensemble du vehicule; (c) the name of the country in which each of the com- c) Ie pays ou chacune des pieces, Ie cas echeant, qui ponents, if any, that make up the motor vehicle was composent Ie vehicule automobile a ete produite et produced and the proportion in which each of them la proportion qu'elle represente par rapport a I'en- makes up the vehicle. semble du vehicule. Vehicle with components Vehicule compose de pieces (4) For the purposes of clause (3) (a), if a motor vehi- (4) Pour I'application de I'alinea (3) a), si un vehicule cle is made up of components, the country in which the automobile est compose de pieces, Ie pays ou Ie vehicule vehicle was produced is the country in which the compo- a eM produit est celui ou les pieces ont ete assemblees nents were assembled to produce the vehicle and is not pour Ie produire et non celui ou chacune d'entre elles a the country in which each of the components was pro- 6te produite. duced. Offences Infractions 3. (1) A person or body that contravenes section 2 is 3. (1) La personne ou l'organisme qui contrevient a guilty of an offence unless it was reasonable in the cir- l'article 2 est coupable d'une infraction a moins qu'il cumstances for the person or body to rely on information n'ait eM raisonnable pour elle ou lui dans les circonstan- provided to the person or body in the normal course of ces de se fier aux renseignements qui lui ont ete fournis business. dans Ie cours normal de son entreprise. Directors, officers Administrateurs et dirigeants (2) It is an offence for any director or officer of a cor- (2) Commet une infraction I'administrateur ou Ie diri- poration to cause, authorize, permit, or participate or ac- geant d'une personne morale qui cause, autorise ou per- quiesce in the commission by the corporation of an of- met la commission d'une infraction mentionnee au para- fence mentioned in subsection (1). graphe (1) par la personne morale ou qui y participe ou y donne son assentiment. Penalty Peine (3) A person or body convicted of an offence under (3) La personne ou I'organisme qui est declare coupa- this Act is liable to, ble d'une infraction a la presente loi est passible : (a) if the person or body is not a corporation, a fine of a) si la personne ou I'organisme n'est pas une per- not more than $50,000 or to imprisonment for a sonne morale, d'une amende maximale de 50 000 $ term of not more than one year, or to both; or et d'un emprisonnement maximal d'un an, ou d'une seule de ces peines; (b) if the person or body is a corporation, to a fine of b) si la personne ou I'organisme est une personne not more than $500,000. morale, d'une amende maximale de 500 000 $. Regulations Reglemcnts 4. (1) The Lieutenant Governor in Council may make 4. (1) Le lieutenant-gouverneur en conseil peut, par regulations, reglement : (a) exempting any person, body or thing or class of a) soustraire toute personne, tout organisme ou toute persons, bodies or things from any or all of the chose ou to ute categorie de personnes, d'organis- provisions of this Act and the regulations made mes ou de choses a I'application de l'ensemble ou under this Act; de l'une quelconque des dispositions de la presente loi et de ses reglements d'application; (b) defiping, for the purposes of section 2 but subject b) definir, pour l'application de l'article 2 mais sous to subsection 2 (4), advertising, contract and the reserve du paragraphe 2 (4), publiciM, contrat et Ie country in which a motor vehicle is produced; pays ou un vehicule automobile est produit; (c) specifying the manner of indicating the country as c) preciser la maniere d'indiquer Ie pays comme required by section 2. l'exige l'article 2. Lor DE 2005 SUR LA DIVULGATION DE RENSEIGNEMENTS CONCERNANT L'ORIGINE 3 ET LES PIECES DE VEIDCULES AUTOMOBILES Scope Portee (2) A regulation made under this Act may be general (2) Les reglements pris en application de la presente or particular in its application. loi peuvent avoir une portee generale ou particuliere. Commencement Entree en vigueur 5. This Act comes into force on the day it receives 5. La presente loi entre en vigueur Ie jour oil eUe Royal Assent. re~oit la sanction royale. Short title Titre abrege 6. The short title of this Act is the Motor Vehicle 6. Le titre abrege de la presente loi est Loi de 2005 Origin and Components Disclosure Act, 2005. sur la divulgation de renseignements concernant l'ori- gine et les pieces de vehicules automobiles. C NIAGARA PENINSULA CONSERVATION ~AUTHORITY 250 Thorold Road West, 3rd Floor Tel (905) 788-3135 Weiland, Ontario l3C 3W2 Fax <905) 788-1121 E-mail: npca@conservation-niagara,on,ca May 10, 2006 Municipal Clerks Chief Bunding Officials Planning Directors Public Works Directors Dear Sir/Madam: Subject: Niagara Peninsula Conservation Authority Revised Regulation, Regulation of Development, Interference with Wetlands and Alteration to Shorelines and Watercourses (ReQulation 155/06) As a result of revisions to the Conservation Authorities Act the Niagara Peninsula Conservation Authority has prepared a revised regulation, the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (Regulation 155/06). The Niagara Peninsula Conservation Authority will be working over the next several months to develop policies, practices and procedures to implement the new regulation. In the meantime, the existing policies adopted by the NPCA Board will continue to apply. Please find enclosed a copy of Regulation 155/06 that is approved by the Minister of Natural Resources. It came into effect on May 8, 2006. We appreciate your interest in this matter and look forward to continued discussions on the implementation of the regulation. If you have any questions, please contact Suzanne Mcinnes, MCIP, RPP, Watershed Planning Coordinator at extension 235. Yours truly, ~ :::::: - ~ Andrew L. Burt "TI ~ General Manager/Secretary-Treasurer (I) t:") ~ SMM A (.t..) Encl. .. Co cr', ,........ ,:J1 ,........ rl.) I-'" I-'" .5- CO , CONSERVATION AUTHORITIES ACT - O. Reg. 155/06 Page 1 of6 ONTARIO REGULATION 155/06 made under the CONSERVATION AUTHORITIES ACT Made: April 24, 2006 Approved: May 4, 2006 Filed: May 4, 2006 Published on e-Laws: May 8, 2006 Printed in The Ontario Gazette: May 20, 2006 NIAGARA PENINSULA CONSERVATION AUTHORITY: REGULATION OF DEVELOPMENT, INTERFERENCE WITH WETLANDS AND ALTERATIONS TO SHORE'LINES AND WATERCOURSES Definition 1. In this Regulation, "Authority" means the Niagara Peninsula Conservation Authority. Development prohibited 2. (1) Subject to section 3, no person shall undertake development, or permit another person to undertake development in or on the areas within the jurisdiction of the Authority that are, (a) adjacent or close to the shoreline of the Great Lakes-St. Lawrence River System or to inland lakes that may be affected by flooding, erosion or dynamic beaches, including the area from the furthest offshore extent of the Authority's boundary to the furthest landward extent of the aggregate of the following distances: (i) the 100 year flood level, plus the appropriate allowance for wave uprush shown in the column headed "100 Year Flood Limit" found in Table 3 of the document entitled "Lake Ontario Shoreline Management Plan", January 1994, which is available at or through the Authority at its head office located at 250 Thorold Road West, WeIland, Ontario, L3C 3W2, (ii) the 100 year flood level, plus the appropriate allowance for wave uprush shown in the column headed "100 Year Flood Limit" found in Section 3.2 of the document entitled "Lake Erie Shoreline Management Plan", June 1992, which is available at or through the Authority at its head office located at 250 Thorold Road West, WeIland, Ontario, L3C 3W2, (iii) the predicted long term stable slope projected from the existing stable toe of the slope or from the predicted location of the toe of the slope as that location may have shifted as a result of shoreline erosion over a 100-year period, (iv) where a dynamic beach is associated with the waterfront lands, the appropriate allowance inland to accommodate dynamic beach movement shown in Section 4.4 of the document entitled "Lake Ontario Shoreline Management http://www.e-laws.gov.on. ca/D BLaws/Source/Regs/English/2006/R0615 5 _ e.htrn 2006-05-09 CONSERVATION AUTHORITIES ACT - O. Reg. 155/06 Page 2 of6 Plan", January 1994, which is available at or through the Authority at the address given in subclause (i), and (v) where a dynamic beach is associated with the waterfront lands, the appropriate allowance inland to accommodate dynamic beach movement shown in Section 3.8.2 iii) of the document entitled "Lake Erie Shoreline Management Plan", June 1992, which is available at or through the Authority at the address given in subclause (ii); (b) river or stream valleys that have depressional features associated with a river or stream, whether or not they contain a watercourse, the limits of which are determined in accordance with the following rules: (i) where the river or stream valley is apparent and has stable slopes, the valley extends from the stable top of bank, plus 15 metres, to a similar point on the opposite side, (ii) where the river or stream valley is apparent and has unstable slopes, the valley extends from the predicted long term stable slope projected from the existing stable slope or, if the toe of the slope is unstable, from the predicted location of the toe of the slope as a result of stream erosion over a proj ected 100-year period, plus 15 metres, to a similar point on the opposite side, (iii) where the river or stream valley is not apparent, the valley extends the greater of, (A) the distance from a point outside the edge of the maximum extent of the flood plain under the applicable flood event standard, to a similar point on the opposite side, and (B) the distance of a predicted meander belt of a watercourse, expanded as required to convey the flood flows under the applicable flood standard, to a similar point on the opposite side; (c) hazardous lands; (d) wetlands; or (e) other areas where development could interfere with the hydrologic function of a wetland, including areas up to 120 metres of all provincially significant wetlands and wetlands greater than 2 hectares in size, and areas within 30 metres of wetlands less than 2 hectares in size, but not including those where development has been approved pursuant to an application made under the Planning Act or other public planning or regulatory process. (2) The areas described in subsection (1) are the areas referred to in section 12 except that, in case of a conflict, the description of the areas provided in subsection (1) prevails over the descriptions referred to in that section. Permission to develop 3. (1) The Authority may grant permission for development in or on the areas described in subsection 2 (1) if, in its opinion, the control of flooding, erosion, dynamic beaches, pollution or the conservation of land will not be affected by the development. http://www. e-laws.gov .on.ca/DBLaws/Source/Regs/English/2006/R0615 5_ e.htm 2006-05-09 CONSERVATION AUTHORITIES ACT - O. Reg. 155/06 Page 3 of6 . (2) The permission of the Authority shall be given in writing, with or without conditions. Application for permission 4. A signed application for permission to undertake development shall be filed with the Authority and shall contain the following information: 1. Four copies of a plan of the area showing the type and location of the development. 2. The proposed use of the buildings and structures following completion of the development. 3. The start and completion dates of the development. 4. The elevations of existing buildings, if any, and grades and the proposed elevations of buildings and grades after development. 5. Drainage details before and after development. 6. A complete description of the type of fill proposed to be placed or dumped. Alterations prohibited 5. Subject to section 6, no person shall straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse or change or interfere in any way with a wetland. Permission to alter 6. (1) The Authority may grant a person permission to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or to change or interfere with a wetland. (2) The permission of the Authority shall be given in writing, with or without conditions. Application for permission 7. A signed application for permission to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or change or interfere with a wetland shall be filed with the Authority and shall contain the following information: 1. Four copies of a plan of the area showing plan view and cross-section details of the proposed alteration. 2. A description of the methods to be used in carrying out the alteration. 3. The start and completion dates of the alteration. 4. A statement of the purpose of the alteration. Cancellation of permission 8. (1) The Authority may cancel a permission if it is of the opinion that the conditions of the permission have not been met. http://www .e-laws.gov .on.ca/DBLaws/SourcelRegs/English/2006/R0615 5 _ e.htm 2006-05-09 CONSERVATION AUTHORITIES ACT - O. Reg. 155/06 Page 4 of6 . (2) Before cancelling a permission, the Authority shall give a notice of intent to cancel to the holder of the permission indicating that the permission will be cancelled unless the holder shows cause at a hearing why the permission should not be cancelled. (3) Following the giving of the notice, the Authority shall give the holder at least five days notice of the date of the hearing. Validity of permissions and extensions 9. (1) A permission of the Authority is valid for a maximum period of24 months after it is issued, unless it is specified to expire at an earlier date. (2) A permission shall not be extended. Appointment of officers 10. The Authority may appoint officers to enforce this Regulation. Flood event standards 11. (1) The applicable flood event standards used to determine the maximum susceptibility to flooding of lands or areas within the watersheds in the area of jurisdiction of the Authority are the Hurricane Hazel Flood Event Standard, the 100 Year Flood Event Standard and the 100 year flood level plus wave uprush, described in Schedule 1. (2) The 100 Year Flood Event Standard applies to all watersheds within the area of jurisdiction of the Authority except for, (a) the watersheds associated with Shriner's Creek, Ten Mile Creek and Beaverdams Creek (including Tributary W-6-5) inthe City of Niagara Falls where the Hurricane Hazel Flood Event Standard applies; and (b) Lake Ontario and Lake Erie in the Great Lakes-St. Lawrence River System, as described in the Schedule, where the 100 Year Flood Event Standard, plus wave uprush, applies. Areas included in the Regulation Limit 12. Hazardous lands, wetlands, shorelines and areas susceptible to flooding, and associated allowances, within the watersheds in the area of jurisdiction of the Authority are delineated by the Regulation Limit shown on maps 1 to 125 dated February 2006 and filed at the head office of the Authority at 250 Thorold Road West, WeIland, Ontario under the map title "Ontario Regulation 97/04: Regulation for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses". Revocation 13. Ontario Regulation 99/91 is revoked. SCHEDULE 1 1. The Hurricane Hazel Storm Event Standard means a storm that produces over a 48- hour period, (a) in a drainage area of 25 square kilometres or less, rainfall that has the distribution set out in Table 1; or http://www .e-laws.gov .on.ca/DBLaws/Source/Regs/English/2006/R0615 5 _ e.htm 2006-05-09 . CONSERVATION AUTHORITIES ACT - O. Reg. 155/06 Page 5 of6 . (b) in a drainage area of more than 25 square kilometres, rainfall such that the number of millimetres of rain referred to in each case in Table 1 shall be modified by the percentage amount shown in Column 2 of Table 2 opposite the size of the drainage area set out opposite thereto in Column 1 of Table 2. TABLE 1 73 millimetres of rain in the first 36 hours 6 millimetres of rain in the 37th hour 4 millimetres of rain in the 38th hour 6 millimetres of rain in the 39th hour 13 millimetres of rain in the 40th hour 17 millimetres of rain in the 41 st hour 13 millimetres of rain in the 42nd hour 23 millimetres of rain in the 43rd hour 13 millimetres of rain in the 44th hour 13 millimetres of rain in the 45th hour 53 millimetres of rain in the 46th hour 38 millimetres of rain in the 47th hour 13 millimetres of rain in the 48th hour TABLE 2 Column I Column 2 Drainage Area (square kilometres) Percentage 26 to 45 both inclusive 99.2 46 to 65 both inclusive 98.2 66 to 90bothirtc1usive 97.1 91 to liS both inclusive 96.3 116 to 140 both inclusive 95.4 141 to 165 both inclusive 94.8 166 to 195 both inclusive 94.2 196 to 220 both inclusive 93.5 221 to 245 both inclusive 92.7 246 to 270 both inclusive 92.0 271 to 450 both inclusive 89.4 451 to 575 both inclusive 86.7 576 to 700 both inclusive 84.0 701 to 850 both inclusive 82.4 851 to 1000 both inclusive 80.8 1001 to 1200 both inclusive 79.3 1201 to 1500 both inclusive 76.6 1501 to 1700 both inclusive 74.4 170 I to 2000 both inclusive 73.3 200 I to 2200 both inclusive 71.7 2201 to 2500 both inclusive 70.2 2501 to 2700 both inclusive 69.0 2701 to 4500 both inclusive 64.4 4501 to 6000 both inclusive 61.4 6001 to 7000 both inclusive 58.9 7001 to 8000 both inclusive 57.4 2. The 100 Year Flood Event Standard means rainfall or snowmelt, or a combination of rainfall and snowmelt, producing at any location in a river, creek, stream or watercourse a peak flow that has a probability of occurrence of one per cent during any given year. http:/ /www.e-laws.gov.on.ca/DBLaws/Source/Regs/English/2006/R06155 _ e.htm 2006-05-09 CONSERVATION AUTHORITIES ACT - O. Reg. 155/06 Page 6 of6 . 0' 3. The 100 year flood level means the peak instantaneous still water level plus an allowance for wave uprush and other water-related hazards for Lake Ontario and Lake Erie in the Great Lakes-St. Lawrence River System that has a probability of occurrence of one per cent during any given year. Made by: NIAGARA PENINSULA CONSERVATION AUTHORITY: GORD HARRY Chairman ANDREW L. BURT General Manager/Secretary- Treasurer Date made: April 24, 2006. I certify that I have approved this Regulation. DAVID JAMES RAMSAY Minister of Natural Resources Date approved: May 4, 2006. B_~GkJQ_JQP http://www.e-laws.gov. on.ca/D BLaws/Source/Regs/English/2006/R0615 5 _ e.htm 2006-05-09 ONTARIOFiiiiiER James F. Hankinson GENERATION President & Chief Executive Officer 700 University Avenue, Toronto, ON M5G 1X6 Tel: 416-592-2121 Fax: 416-592-2174 jhankinson@opg.com May 2006 Mr. Dean Iorfida City Clerk City of Niagara Falls Box 1023, 4310 Queen St. Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida: I am writing to update you on Ontario Power Generation's (OPG) performance in 2005. As a community leader, you are important to OPG and your opinion of us matters. At OPG, we are focused on becoming a company that is open, accountable and transparent in its operations and committed to continuously improving our performance. This is the first in a series of semi-annual communications in which I will be showing you how we are striving to put these principles into practice. As part of this effort, you will find enclosed a performance update on OPG. It contains basic background on the company; information and graphs showing how we are doing in key areas of our business; and where to go for more information about our operations. Subsequent reports will continue to inform you of our performance and communicate any new developments we might be undertaking. I hope you will find this update informative. As a company owned by the people of Ontario, we think it's important that you know what, and how, we are doing. Please do not hesitate to consult the OPG contacts and other sources listed at the end of this report if you have questions, observations or seek additional information. z - Sincerely, ~ .." ~~ ~ <n .-;. M:; ;:o:l ::-::: (/;t .. (""', cr. Jim Hankinson Co 1:Jl ........ President and CEO '...0 I....... f)) t';;.:} w' -. 02400 Ontario Power Generation ..IT'S ALL ABOUT PERFORMANCE" Helping to Supply Ontario's Electricity ONTARIOPOiiER April 2006 GENERATION 2 Ontario Power Generation Works for You Ontario Power Generation distribution, pricing, and supply . follow the highest standards (OPG) produces about 70% reliab ili ty. of corporate governance, of the electricity consumed We are also a different company social and environmental in Ontario. Two-thirds of from the one we were just a responsibility, and corporate this electricity is generated by few years ago. Our finances citizenship. nuclear and hydroelectric power. are stronger. Our project Our new mandate gives These sources produce virtually management capabilities are focus and direction to our no emissions contributing to significantly improved - as efforts; enables us- and our smog or global warming. evidenced by our recent success stakeholders - to measure OPG is a commercial company, in returning our Pickering our progress; and holds us owned by the Province of Unit 1 reactor to service this accountable for achieving Ontario - its sole shareholder. past November; and we have a results. The company was incorporated new, highly qualified Board of We work to benefit the people in 1999 under the Ontario Directors providing excellent of Ontario and its economy. Business Corporations Act to governance to the company. Over the next few pages we will operate the generating assets This past summer, 0 PG share our recent performance of its predecessor company, negotiated a new mandate with results with you. Ontario Hydro. OPG is still the Province of Ontario. Our sometimes mistaken for Ontario priorities under this mandate Hydro, even though the latter are to: company no longer exists. manage all company . Our principal business and operations according to focus is to produce electricity solid business principles; as efficiently and reliably as possible. This is significantly . continuously improve our different from -the role Ontario generation performance Hydro had, which was to be - especially our nuclear responsible for a wide range performance; of electricity-related functions . develop and expand our - including transmission, hydroelectric capacity; and -------~---~--~--~--- OPG's Beck Hvdroelectric How Electricity was Generated III Complex in Ontario in 2005 19% Located near Niagara The bars show how various Falls, the Beck sources of generation stations account for contributed to supplying . Oil/gas about 30% of OPG's Ontario's electricity hydroelectric capacity. needs in 2005, with OPG supplying about 70% of Coal Ontario's electricity. . Nuclear . Hydroelectric All OPG's o nta rio Generation (108.5 TWh) sources represents 70% of (157TWh) Ontario's electricity generation 3 Our Focus is on Getting the Most from Our Generating Assets OPG's generation performance performing multi-unit nuclear of its equipment. We also rose to 108.5 terawatt hours station for the second year in made a difficult but necessary (TWh) in 2005 from 105 a row, and four of our nuclear commercial decision not to TWh in 2004. Output from units were ranked in the top refurbish our two remaining our nuclear and fossil-fuelled 10 out of the 39 CANDU laid-up nuclear units at stations exceeded 2004 levels. nuclear units worldwide. OPG's Pickering A; and we successfully Hydroelectric output fell Pickering B station also had a took out of service and began compared to 2004 due to good year as a result of a major decommissioning the Lakeview lower water levels as a result of continuous-improvement coal-fired station, as directed by reduced precipitation in 2005. initiative designed to enhance the Ontario government. Operationally, our stations the plant's physical condition, Overall, it was a positive year performed at high levels of improve equipment reliability for our generating units, and efficiency and reliability for and increase its overall we look forward to another much of 2005 - especially operational strength. successful year in 2006. during the cold winter and The reliability of our the very hot summer. From hydroelectric assets continued June through August, OPG's to be strong throughout 2005 fossil-fuelled plants accounted despite lower water levels. Many for 22% of Ontario's total of our hydroelectric stations are electricity needs. This is strong over 50 years old, and some are performance from assets that approaching 100 years or more. are most heavily used as "swing" OPG invests in these long-lived resources during periods of assets to produce reliable, low- high demand. OPG's nuclear cost, renewable power. They are stations performed reliably as among OPG's best performing well, accounting for over 25% facilities. of Ontario's total electricity The year was not without its production from June through challenges, which included August. a major, unplanned outage OPG's Darlington nuclear at the Pickering A station to station was Canada's best inspect and maintain some ~~----~---~~-----------~---~--------- OPG's Total Electricity Nuclear Unit 100 Production (TWh) 105.0 108.5 Capability Factor (%) OPG's electricity The Pickering Band 80 production increased 27.0 30.9 Darlington stations, in 2005, led by higher which represent 60 nuclear and fossil- 85% of OPG's fuelled production. nuclear production % Fossil Fuelled capacity, both 40 I Nuclear achieved 12005 production 20 I Hydroelectric efficiency gains in 12004 2005. 0 2004 2005 Pickering A Pickering B Darlington (1,030 MW) (2,064 MW) (3,512 MWI 4 OPG's Financial Performance Improved in 2005 OPG's 2005 net income was its generating facilities. This was electricity pricing system. In $366 million compared to higher than the 4.1 cents/kWh 2006, we will pay approximately $42 million in 2004. These received in 2004 and helped $740 million in rebates earnings will be reinvested account for OPG's improved to Ontario's Independent in our business to maintain financial performance. But it Electricity System Operator reliability and enhance capacity was still considerably less than (IESO) related to most of the and output. the weighted average hourly output produced by our fossil- These improved financial results Ontario wholesale electricity fuelled and hydroelectric plants were due to strong performance price of7.2 cents/kWh, received (excluding those at Niagara Falls from OPG's generating assets by Ontario generators selling and the St. Lawrence River) and the replacement in April into Ontario's electricity market. from April 1 to December 31, 2005 of the Market Power Given that OPG produced 2005. Mitigation Agreement (MPMA) about 70% of Ontario's These rebates are paid on by Ontario's new electricity electricity, the lower price we revenues from our unregulated pricing structure. In previous receive for our power represents generation that exceed the years through the MPMA, OPG a substantial moderating revenue limit of 4.7 cents/kWh reb~ted an average of about influence on the price that established by the Ontario $1 billion annually to benefit consumers pay. government. Starting May 1, Ontario consumers - for a total Starting May 1, 2006 the price 2006, this revenue limit will of $4 billion between 2002 and Ontario consumers pay for decrease to 4.6 cents/kWh. On 2005. The new pricing structure electricity will increase under May 1, 2007, it will return to puts OPG on a firmer financial the Ontario Energy Board's 4.7 cents/kWh and increase to footing. Regulated Price Plan. The price 4.8 cents/kWh effective May OPG has a moderating effect OPG receives for electricity 1, 2008. Revenues above these on the price of power paid by will remain the same, however, limits will be returned as rebates Ontario consumers. Under and our moderating impact on to consumers. Ontario's pricing regime, OPG prices will continue. received an average price of 4.9 OPG continues to provide cents per kilowatt hour (kWh) rebates to Ontario's electricity on the 2005 output from all of users under the province's new ----------~----~-------~-------------~------ Net Income 550 OPG's Moderating Impact on OPG's net income 500 Ontario's Electricity Prices 2,000 OPG Rebates rose in 2005. Ul 450 From 2002 through 2005, OPG's earnings s::: 400 OPG paid, through the are reinvested ~ 350 Independent Electricity 1,500 to keep plant 'E 300 System Operator, an Vl operations reliable <l> average of about $1 billion s::: E 0 and to expand our 0 250 a year in MPMA rebates ~ 1,000 u ~ electricity supply. -= 200 which benefit Ontario - consumers. In addition, <l> z 150 OPG will pay to the IESO 500 100 in 2006 a revenue limit 50 rebate of approximately 0 $740 million on most of the 0 2004 2005 output from its unregulated 2002 2003 2004 2005 generation in 2005. . Consists of MPMA rebate of $412 million in 2005 and revsnue limit rebate of approximately $740 million on most ofthe output from OPG's unregulated generation in 2005, for a total rebate of $1.151 billion. 5 We are Adding to Ontario's Electricity Supply OPG is investing in is estimated to cost $985 combined cycle gas and improvements, refurbishments million and will provide cogeneration-capable facility and new generating plants to enough electricity to power in downtown Toronto. provide more electricity supply a city the size of Burlington Construction of this low- to Ontario. These include for one year. The tunnel is emission, high-efficiency facility a number of hydroelectric expected to be in service by will begin this summer and is initiatives, reflecting a key 2009. expected to be completed by element of OPG's mandate . Construction launch of a 2008. - which is to increase its new 12.5 MW hydroelectric Finally and importantly, hydropower capacity through generating station at Lac Seul OPG completed the return improvement, expansion and in Northwestern Ontario. to service of the Pickering A, development. These initiatives The planned in-service date Unit 1 nuclear reactor. The include: for the new facility is late project contributed 515 MW . Completion of a nine-year 2007 at an estimated cost of of electricity capacity at a rehabilitation initiative at the $47 million. time when the province needs Beck 2 hydroelectric station In addition, OPG is additional electricity supply. near Niagara Falls, which investigating options for added 194 megawatts (MW) the redevelopment of four to OPG's hydroelectric existing hydroelectric plants capacity. The project was in the Lower Mattagami River completed 15% below its system in Northeast Ontario, original estimated budget of representing between 150 MW $200 million. and 450 MW of additional . Construction launch of a capacity. new 10.4 kilometre tunnel OPG completed preparations in to divert more water to partnership with TransCanada the Beck hydroelectric Energy to proceed with stations, increasing their construction of the Portlands average annual output by Energy Centre - a 550 MW about 14%. The project - ---~----~ ---- Niagara Tunnel Construction Pickering A The Tunnel Excavation Unit 1 Restart Machine, to be used OPGs 515 MW in building the Niagara Pickering A Tunnel, will bring water Unit 1 nuclear reactor from the Niagara River was successfully under the city of Niagara returned to Falls to OPGs Beck commercial service in generating complex in early November 2005 Queenston. This is the after being laid up for largest hard rock tunnel- almost eight years. boring machine in the world. Its diameter is more than twice that of a Toronto subway tunnel. 6 Environment and Community Citizenship is Important to OPG --j I i As a large generating company carbon dioxide emissions, for means that more than 80% with operations across Ontario, a total of 2.2 million trees of our waste and decommis- OPG has an impact on the planted across Ontario since sioning liabilities are covered, environment and strives to 2000. OPG intends to plant freeing future generations minimize that impact to the another 300,000 trees in from this obligation. fullest extent possible. 2006. OPG has strong relationships OPG's 2005 acid gas emissions . The environmental manage- with the communities where we were among the lowest in over ment systems at our nuclear, operate, based on trust, transpar- two decades - even though our hydroelectric and fossil plants ency and accountability. We work five fossil plants generated 14% were all recertified under ISO to strengthen these relationships more energy than in 2004. The 14001. through outreach initiatives such as acid gas emission rate of 4.43 . The Darlington nuclear employee f'neighbourhood walks" grams/kWh was our lowest ever station was nominated for and open houses at our plants. In and almost 70% lower than in the Corporate Habitat of the addition, we regularly communi- 1983. Our acid gas emissions Year Award by the Wildlife cate with local residents through were also at their lowest level Habitat Council (WHC). community newsletters, reports since 1996. This performance is The Lennox generating sta- and appearances at local municipal a tribute to combustion improve- tion was also nominated for council meetings. We also "give ments, the environmental con- the WHC's Rookie of the back" to communities by provid- troIs installed on our fossil units, Year award. Currently, seven ing support for local educational, and the use oflow-sulphur coal OPG sites are certified under environmental and community as fuel. OPG is also converting the WHC for their wildlife initiatives that help enhance qual- its Thunder Bay coal-fired station habitat programs. ity oflife. to burn natural gas as directed by OPG employees support many the Ontario government. . In 2005, OPG set aside $450 million in segregated charities and community initia- In 2005, our environmental funds to cover future costs of tives. In 2005, our employees and performance included the decommissioning our nuclear pensioners contributed $1.87 mil- following additional milestones plants and storing their used lion to a wide range of charities and achievements: nuclear fuel and will do so through OPG's annual Charity . We planted approximately again in 2006. These funds Campaign. 326,000 native trees and now total approximately $7 shrubs to enhance regional billion against a present value biodiversity and to offset liability of $8.5 billion. This ---~~---------~---~--~--~------ '" <:: 600 50 Giving Back to Communities Emissions and Energy 0 'iij - Energy Production Production '" OPG supported 230 youth 'E 500 . NOx Emissions :2 w sports teams in 2005 in Over the past decade, '" 40 ~ co . S02 Emissions our site communities. OPG's acid gas t!J - -0 400 <:: reduction program 0 'u ',p <( u has been effective ..... ::l 0 300 30 e in limiting acid gas '" Q) a.. emissions at a time <:: >- <:: when our fossi/-fuelled 0 200 E' I- Q) ..... 20 &i plants have been used 0 '" 100 'iij more frequently to -0 <:: III produce electricity. co 0 III LL. ::l 0 10 0 ..<:: ~*@~~~~~~~~~@@~~~~~~~~~ I- ~~~~~~~~~~~~~~~~~~~~~~~ 7 Safety is a Fundamental Value OPC continued to adhere workplace safety performance. Electrical and Utilities Safety to very high standards of Our All Injury Rate for 2005 Association's (E&USA) "Cold public and workplace safety was one of our lowest and Award" for excellence in compliance and performance in well within the top quartile building and maintaining a 2005. threshold as set by the Canadian strong safety management Our commitment to safety is Electricity Association (three system and safety culture. 0 PC rigorous at all our facilities. year average: 2002 through is the first recipient of this We operate our nuclear plants 2004). award. according to strict regulatory OPC's strong commitment standards and codes. No to safety extends to the member of the public has been expectations we have for our harmed from radiation as a contractors. We continued to result of the operation of our implement a program requiring nuclear reactors or nuclear that the contractors we employ waste management facilities. work to high safety standards. Maintaining this excellent We also require them to go record of safety is a critical through a pre-qualification priority. process before working at our We also continued to operate sites. our extensive Public Water We also continued to increase Safety program, which is our focus on promoting strong designed to inform the public safety behaviors among our of the potential hazards at our young worker population and hydroelectric sites and the' participated in many initiatives measures people should take to to promote the safety of young remain safe. workers in the communities OPC's commitment to safety where we operate. was also reflected in our In 2005, OPC received the ------- ---~-----~---------~----~--~ Safety: OUf Fundamental WHEN YOU WIN A All Injury Rate Value GOLD SAFETY AWARD, OPG is ] 3 CEA Top Quartile Safety comes first IT'S NO ACCIDENT. consistently 5 Performance at OPG. In 2005, OPG within the s (3 year average: received the E&USA top quartile In _~CIIIIlWIIIl~UIPl~fIaI g 2 2002 - 2004) STlPlINTItl:fmlWzmo.-s. Gold Award for safety TloeEle<ll""I&OOIi&oSolelr_ of Canadian "'jool_..tloo~'GoId_ ..r::: _1loo~~oI_ln~ performance and a -~.. electricity 0 11"...._01_.......-.., 0 I"""<I.TlIIsGold___..........._ 0 strong safety culture. ...lWoI.o.-.lIotio(ood-...o.g companies in 0' ..__....!.IIIt(ySf'ledl.k... 0 .........oftloo_..........sofot)' protecting its ~1 Better .-l.r_~..... M<l... ""'......-.... ,,-_.' Q) u.:.:.~~~~ employees from Co Performance <iMty.fl....,-"'-'..._._ In injury. Q) .- 'C :::I _"'_::;:= ONTARIO&mU EO 2000 2001 2002 2003 2004 2005 Year We Will Continue to Improve in 2006 During 2006, OPG will the Darlington nuclear plant, as shut down, however, we will continue to focus on enhancing these facilities approach the end continue to operate them generation performance, of their operating lives. responsibly and efficiently. We containing costs and In our hydroelectric operations, will ensure that their condition maintaining our commitment to we will continue to improve is as good - if not better - on be a responsible, transparent and plant performance through the day they close, as it is today. accountable power provider. capital investment, enhanced We will invest prudently in Our forecasted electricity maintenance practices and these assets to achieve this production in 2006 is 112.5 the replacement of aging outcome. TWh. We expect to achieve this equipment. Our equipment largely through higher nuclear upgrade program will add production due to continuing another 81 MW of clean performance increases and a energy capacity between full year of operation from our 2006 and the end of 2009. newly refurbished Pickering A, OPG's Projected Generation Unit 1 reactor. Our total We will also continue to for 2006 (TWh)* generation will be affected by explore economically viable 112.5 weather, economic activity and hydroelectric expansion other market factors. opportunities in Ontario. 29.8 In our nuclear operations, With respect to our coal- we will be moving ahead fired stations, the Ontario in implementing ongoing government is committed to Fossil-Fuelled performance improvement closing these stations but has I Nuclear strategies at all three of our said it will not do so until I Hydroelectric nuclear generating stations. sufficient replacement energy is We will also be initiating the available. OPG will implement 2006 business cases for possible the government's policy * Total generation will be affected by weather, economic activity extension of the lives of the according to the government's and other market factors. Pickering B plant and eventually direction. Until the plants -~~------ Where to Go for More Information About OPG . Recent OPG press releases, speeches and details of our 2005 performance at: www.opg.com . OPG's Management, Discussion and Analysis of our 2005 performance at: www.sedar.com Other Sites of Interest . The Canadian Nuclear Safety Commission at: www.cnsc-ccsn.gc.ca . Independent Electricity System Operator at: www.ieso.ca . Ontario Energy Board at: www.oeb.gov.on.ca . Ontario Ministry ofthe Environment at: www.ene.gov.on.ca . Ontario Ministry of Energy at: www.energy.gov.on.ca ONTARIOFOWER GENERATION '* SENATE . SENAT The Honourable Mac Harb CANADA L'honorable Mac Harb June 16,2006 Dear Friends, I am very pleased to inform you that the Motion I tabled calling for a Smoke-Free Canada was unanimously passed in the Senate on June 7, 2006. The Senators came together to call on the federal government to protect Canadians from second-hand smoke by introducing legislation which bans smoking areas in enclosed workplaces under federal jurisdiction With it in the House of Commons for debate, I would like to call on you and any supporters that you have identified through your organization to bring your views and support to the government: Prime Minister Stephen Harper: Harper.S@parl.gc.ca Hon. Bill Graham, Leader of the Opposition in the House of Commons: Graham.B@parl.gc.ca Hon. Tony Clement, Minister of Health, Clement.T@parl.gc.ca Your efforts at this point in time will assist in bringing this to the attention of those who will move this forward to a point where we could see comprehensive smoke-free legislation enacted. Together we can bring make Canada just one step closer to becoming Smoke-Free. Sincerely, Hon. Mac Harb Senator Tel. / Tel. (613) 996-2379 Fax / Tehk (613) 996-2318 1-800-267 -7362 (~) . SENATE . SENAT The Honourable Mac Harb CANADA L'honorable Mac Harb Le 16 juin 2006 Madame, Monsieur, Je suis tres heureux de vous annoncer que Ie 7 juin 2006, Ie Senat a adopte a l'unanimite ma motion pour un Canada sans fumee. Ensemble, les senateurs ont decide de demander au gouvemement federal de proteger les Canadiens de la fumee secondaire en presentant un projet de loi interdisant les aires reservees aux fumeurs dans les lieux de travail fermes relevant de sa competence. Alors que la question doit etre debattue ala Chambre des communes, je fais appel a vous et aux eventuels defenseurs de ce dossier que votre organisation aurait identifies afin que vous fassiez connaitre vos vues et votre appui aux personnes suivantes au sein du gouvemement : Le premier ministre Stephen Harper: Harper.S@par1.gc.ca L'honorable Bill Graham, leader de l'opposition a la Chambre des communes: Graham.B@par1.gc.ca L'honorable Tony Clement, ministre de la Sante: Clement.T@par1.gc.ca Les efforts que vous deployez maintenant contribueront a porter cette question a l'attention de ceux qui feront avancer Ie dossier jusqu'a ce qu'une loi detaillee contre Ie tabagisme soit adoptee. Ensemble, nous pouvons faire un pas de plus vers un Canada sans fumee. Je vous remercie et vous prie d'agreer, Madame, Monsieur, mes salutations les meilleures. L 'honorable Mac Harb Senateur Tel. / Tel. (613) 996-2379 Fax / Telec. (613)996-2318 1-800-267-7362 (1fi) From the June 15, 2006 Meeting of Regional Council Volume 14, Issue 8 Niagara Regions' 4th Annual Recognition of Excellence Award Water For Life Poster Contest Winners Regional Council congratulated the Regional Council congratulated the winners of Niagara Region's 4th Annual following Regional employees for Water For Life Poster Contest: attaining a "Recognition of Excellence" Award: In the Grade 3-4 category, the first place went to Miss Simran Sharma, a Suzanne McPetrie, Sandra Noel, Lydia grade 4 student from Kate S. Durdan Torbicki, Jennifer Leadley, Tom School in Niagara Falls. Second place Jamieson and Ryan Waterhouse the went to Miss Hunter Foster, a grade 4 Best Start Mapping Team, received a student from Crowl and Central in Team Participation award for the Weiland. creation on a mapping system which has enabled the Children's Services In the Grade 4-5 category, first place staff to better analyze areas of need, went to Miss Sarah Leach, a grade 6 identify gaps in service and more student from St. Christopher School in effectively plan for service delivery. St. Catharines and second place went to Mr. Philippe Fournier, a grade 6 Catherine O'Leary received a Personal student from Garrison Road School in Achievement award, as she has within Fort Eire. her day-to-day professional life, gone above and beyond, through her In the Grade 7-8 category, first place leadership, positive attitude and went to Miss Brittany Porter, a grade 8 willingness to help anyone who asks. student from Kate S. Durdan in Catherine, who has recently completed Niagara Falls and second place went her BA will be pursuing her to Miss Alison Shaw, a grade 7 student professional writing and editing skills from Queen Mary's in St. Catharines. through Ryerson University n Toronto. The winning posters can be viewed at Shirley Perron received a Personal the following link: http:// Achievement award for her enormous www. re g ion a I. n i a g a ra. 0 n. cal contribution to the success of the govern ment/in itiatives/nwq ps/poster- Region's United Way campaign. contest.aspx Shirley is also active in the community and has recently been honoured by the Weiland Tribune as a hometown hero For further information contact the Regional Clerk's office at (905) 685-1571 or 1-800-263-7215 www.reglonal.niagara.on.ca 00:21 E290 90. S)It.l313 Slllj;j '~IN 4 oF ....-" for coordinating the Weiland Food Drive. conference. The resolution will now be sent to the U.S. Ambassador to Canada, with the 2 006 Environmental Awards request that he forward FCM's concerns to the appropriate United States Government departments and officials. Regional Council congratulated the recipients of the 2006 Environmental Awards, as Province to Fund 90% of Construction follows:Young People's Award was presented to the Maple Grove Public School in the Town Costs for All New Hospital Projects of Lincoln for their dedication to environmental conservation for many years; Volunteer Award The Provincial government has agreed to pay was awarded to Land Care Niagara, a 90 per cent of construction costs for all new Region-wide organization dedicated to hospital projects. In the past, the province paid promoting environmentally responsible land between 50 and 80 per cent, depending on the management while respecting the rights of project. landowners; Corporate Award was awarded to Stratus Vineyards in the Town of Palliative Care Centre for West Niagara Niagara-on-the-Lake for their commitment to stewardship which was demonstrated in the development of their winery, the first building in Regional Council extended their appreciation to Canada to receive LEED (Leadership in Energy and Environmental Design) certification from Councillor Hildreth, Chair, Community Services the Canadian Green Building Council; Lifetime Committee for her diligence in maintaining the Achievement Award was awarded to Rob need for a Regional Senior's Home in West Eberly of the Town of Fort Erie, a founding Niagara, which resulted in the acquisition of member, director and past president of the Bert Deer Park Villa and with that acquisition came Miller Nature Club Mr. Eberly has been an a great piece of property, which will now be impassioned spokesman for environmental utilized to house a palliative care centre in west conservation. Niagara. Western Hemisphere Travel Initiative - Deadline Extension Called For!! HAPPY Regional Chair Partington had an opportunity earlier this month to attend the Federation of CANADA Canadian Municipalities (FCM) Annual General Conference in Montreal, where he spoke in favour of a resolution calling for the Western Hemisphere Travel Initiative deadline to be DAY extended until alternative secure, inexpensive documents are available. The resolution 'also calls for an exemption for children to accommodate families and sports teams crossing the border. The Regional Offices are closed Friday, June 30, 2006, for Canada Day The Western Hemisphere Travel Initiative was brought forward by the City of Toronto and supported by delegates present at the ", . :i':::::}' . '~'X:':"'~;:''''':W .W'""""""""""",~,:";"",,,> "','WXW40X::,' .."".:""""""~""",,,,-- z""""",~~";;,,,~ W,"">::"""':":":''''o ;;'''~>"!:' "au<<'"'''''''''''':''''''''' ~:: ,'::'~'::;~..'I<:~,."".,:",__ LQE?^~~1J,12r:fig~:,=I~'1QilJg~E?eQr:t.: QE~ft9Qc .....T ^,W. CAO -2006 ,2006 FINAL DRAFT Niagara.1I Region REPORT TO: Chair and Members of Regional Council SUBJECT: Interim Report and Recommendations Concerning the Review of the Planning Function in Niagara - A Celebration of Past Successes and Defining Changes for Assuring Future Success RECOMMENDATIONS That this Committee recommends to Regional Council the following: 1. Endorse the four priority Objectives and related action items laid out by the Technical Review Team in its Strategic Planning Report (March, 2006), subject to specific actions and related timelines as defined in this report and the balance of its recommendations. The specific Objectives to be endorsed are: . To identify respective roles and reduce duplication with regard to planning functions; . To develop effective, efficient collaborative processes for policy development and development review; . To develop a communication protocol for Regional and Local planners to work together more effectively and efficiently; and, . To hear and understand what the community wants. To ensure that community aspirations are considered and communicated in the planning process. To develop a transparent, easily understood process of community engagement 2. Area planners to develop MOU for role clarity in light of recommendations herein. The MOU to address, at a minimum and subject to securing appropriate Ministerial approval under Sections 5, 15, 17 of the Planning Act: . Region exempt all site specific local Official Plan Amendments within the urban area boundaries from Regional Approval in order to reduce the time frame for approval of local Official Plan Amendments . Local municipalities not be required to circulate site-specific Zoning By-law Amendment, Consent and Minor Variance applications within the urban area to the Region unless the local municipality determines that such applications would benefit from Regional input . Local municipalities not be required to circulate requests for extensions of 1 . .~~ ..,~~. CAO -2006 ,2006 FINAL DRAFT draft approval unless the local municipality determines that such extension requests would benefit from Regional input . emphasis for a regional planning function will be on policy development and representing Niagara's municipalities' interests in planning-related discussions with senior government and away from planning administration and oversight: 3. All land use related water functions to NPCA, including wetlands; enforcement of Regional tree by-law to existing conservation officers; and, Region and NPCA to enter into an agreement for the NPCA to be the service delivery agent for the Region's tree planting program 4. enter into a partnership agreement with one of the local municipalities to deliver the remaining LOC oversight that the CAO investigate reassignment of that resource in accordance with one or more of the following priorities - monitoring compliance/appeal body secretary, community engagement and/or coordination of planning functionality 5. Pursue negotiations with Province a pilot for the creation of an appeal body for Niagara in keeping with the model prescribed in Bill 51 - appeal body to be appointed by Regional Council, to oversee decisions of local municipalities (as a 'check & balance' to relinquishing policing oversight) - also, begin implementing the Bill 51 prescribed 'Open House' stage of public consultation, as per Bill 51 and practice in Niagara-on-the-Lake (among other places) 6. Area planners develop a standardized 'plain language' public advertisement format, aided by communications resource persons from the Region, NPCA and area municipalities 7. Move immediately to place all land use-based information into web-based GIS function available to all 8. In the upcoming Growth Management Study that has been authorized by Council, have the outcomes of that Study endorsed by the Area Planners prior to any recommendations coming forward to Regional Council. Further, in order to respond to a clear demand for greater public engagement in the planning process (and to address the Technical Review Team's related objective), employ visioning technology as an integral part of Council's approved Growth Management Study 9. That the structure that was put in place to oversee the review of the planning function, the component parts of which include the Review Committee, stakeholder engagement, area planners working as the Technical Review Team, remain in tact to address the 'Next Steps' items. PURPOSE The first purpose of this report is present First Phase recommendations flowing from the Review of the Planning Function in Niagara. The Review itself is predicated on continuous improvement in service delivery to the community and on assuring optimal inter-municipal/inter-agency relationship management related to planning for Niagara. 2 ~ - --~y- '":,,,::::->>- .'c;'._':<"""Y-'X:"';_""';""""""""',;c,;,'=,.,."';""";"';";;;"""/';;';';';";;"',;;;;",,~:,;~,";';"';;;"""""'j;;",',.,M"._"";"""""~"';;'; - _""--""""",~,;;,~,':'::;:::::>;N/;;,;,',;,,,,_;;'5""'V;; LQ~~DJ2Efiga..:""EI~nniQgB.~eQ!:L:.J:~E~,!!.^~Qgm CAO -2006 ,2006 FINAL DRAFT Secondly, this report provides guidance for the next phase of planning system changes for Niagara. BACKGROUND There has been a considerable amount of effort expended in terms of this process, whereby the background information concerning the Review of the Planning Function in Niagara is best expressed in the form of a Chronology. This is provided in Appendix 1 to this report. There is no question that there have been many good and even great accomplishments made in Niagara's planning actions. These include (but are not limited to): . defining urban boundaries well ahead of most of the rest of North America . protecting agricultural and environmental resources . watershed-based and water quality protection . implementing smart growth in the area of Brownfields and downtown revitalization . community engagement and planning at the neighbourhood level . citizen-centred governance applications - covering everything from bi-cycling and trails development to environmental protection and management to smart growth to agriculture . early years programming Complacency with a healthy list of past accomplishments can be problematic, since any good system of governance conducts assessments of the current ways of doing business to make sure that past and present assumptions and related administrative mechanisms will assure future success. Therefore, the direction of Regional Council, to conduct a review of the function of planning in Niagara, has not been restricted to a review of land use administration work flow. REPORT Pretext This review process has really been about recognizing and celebrating past successes in community planning in Niagara, while at the same time looking to make improvements to the system to assure that future successes are responsive to future challenges. Quoting from the Abstract section of the Discussion Paper prepared in respect of this review, "The responsibility for planning for the future, whether it's in public, private or volunteer sectors, is a primary function of a governing body, acting as it does for and with its constituents. As governance itself must be kept current for meeting the needs of clients/constituents/customers for today and tomorrow, and therefore must continually improve, the same is true of the instruments employed by governing bodies. For municipalities in Niagara, operating as they are in a two tier system, the act of setting future direction (Le. 'planning') can be and has been a source of governance frustration at times. It is 3 , ~-~" :_:',"....:.,:"""""",:,'- -.,:,:":":""""",,,,':':':":',"',.,,:,:,:,:,,:::,,"":"'_______....,.'" ___m____ '"" _." L,R~~h,12r@~. :~~I~ri5ID9J~~Q9~~,~'Q~~n:~"29~....... CAO -2006 ,2006 FINAL DRAFT also an area where there have been great successes and leading edge work done - regionally, locally, at the neighbourhood level, within watersheds, on fruit lands, along the Niagara Escarpment, and there are even stirrings of cross-border work. Past successes are no guarantee of future successes, however." This commentary underscores the importance, and the complex context, of this review. The assumptions about appropriate work processes to administer land use, versus those processes that assist in community-wide problem solving, are being challenged through this review. Simply put, while all land use administration is planning, not all planning is land use administration. Coupled with a markedly changed municipal landscape over the past decade (Le. largely due to local services realignment, a.k.a. 'downloading') the range of community-wide problems to be solved has increased significantly - whether it's social health issues, air quality, overall community sustainability or bi-national planning alignment, as examples. This means that previous assumptions about how best to apply limited planning resources must be tested, and revised where appropriate. Building on the Purpose section of this report, it is important to make a few key observations about the system of planning in Niagara. Planning functionality, like many public policy and implementation fields, has delineating features - one form of distinction is between the transactional aspects of planning and the strategic aspects. In the former types of planning function, the most common form is applications processing (e.g. site specific amendments for official plans and zoning, minor variances, site plan control, consents, etc.) whereas for the latter, this is most commonly experienced in terms of setting long term policy direction. A further distinction is based on scale - neighbourhood, urban area wide, watershed- based, or on a broader 'regional' basis. This functionality is guided by a legislative construct - in Ontario, largely in the form of the Plannina Act, yet other legislation and policy directives from senior government factor into the planning system. This includes the Municioal Act, the Conservation Authorities Act, The Greenbelt Act, the Niaaara Escaroment Plannina and Develooment Act, the Provincial Policy Statement, the Federal-Provincial- Municipal Gas Tax Agreement, and more. These legislative and policy guides, while providing clear parameters for the planning function, cannot be characterized as fully prescriptive - the legislation does allow for more localized variations in how the planning system functions. This Review, to this stage and into the next phase(s), has largely been focused on understanding how the current delineations between transactional and strategic, and scale-based distinctions that are in practice, mayor may not be serving the community as the best planning system for Niagara. The Review has found that there is some duplication in both the transactional and policy (or strategic) functions, while at the same time, resources are applied much more heavily in favour of local transactional issues while the demand for region-wide problem solving and related solution planning continues increasing, and resources to serve 4 -~T-' .,~ _, rDeanlolfida:w:i5IannTng'Ree'orr- o'raft.doc>>" .www ~':':"'""-'-'-'-'-'-'-'--' '""""_",:cc,,,,;.;.,,. . -'-:~:-:-:-'-:-'-'-'-'-"<' '_:"_'_'_'_'_'_'_'_','_ ,.,.,. :-"-'-'-'-;,;-;-'<-:"'<'>:0. "-,.,.,.,,.,.,., -, "c< ,m __~_:_"_,",,_,_"_,_,_,_,, ",:,:,,,,:.:,.;.~.o<_;_,.:_;.;.~//. "'"''''_,_,_,_,_,__,_,_0<_,_,_,,'>>''' CAO -2006 ,2006 FINAL DRAFT this function are not optimized (especially where integration and sustain ability are concerned). Generally speaking, the transactional nature of land use administration is best left to local municipalities, while regional planning resources should be directed to policy, and community-wide problem solving across a range of disciplines and service mandates. Planning related expertise, such as community facilitation, landscape architecture, hydrology and geotechnical engineering, while important supports from time to time (especially to the transactional aspects of land use administration), are generally not warranted as staff resources for anyone local municipality - however, if provided as part of a shared service resource 'pool' available from the Region and/or the NPCA, as the case may be, to its member municipalities as needed from time to time, then investment in such talent is warranted (according to repeated feedback during the review). And, recalling that this review is concerning one system of service delivery as part of Regional Council's ongoing attention to 'core service delivery,' it is critical to consider if resources are allocated such that the 'core' business of each major player in Niagara's municipal planning system is maximizing value of resources in its respective 'core' business, such that the system is maximizing its utility for the most effective functioning at all levels - neighbourhood, local municipal, watershed, and region-wide. To understand better the remainder of this report, the core business allocations for now and for the future are summarized in the following. Regional Planning: . focus on Niagara-wide problem solving and related solutions (Le. policy development), and transfer appropriate implementation responsibility to transactional applications at local municipal level . responsibility for providing guidance on matters of mutual interest in all municipalities - smart growth, community improvement planning, urban design, etc. . act as the Province's principal agent for various provincial policy oversight, subject to alignments identified in this review (e.g. water-based issues and expertise) . oversee all policy planning that is non site-specific in urban areas and responsible for delineation of urban area boundaries, and oversee all rural (Le. outside of urban boundaries) strategic and transactional planning activity . guiding infrastructure planning to support land use and community planning directions . advocate for Niagara's municipal interests in planning-related discussions with (primarily) senior government, and with various municipal networks (such as AMO, the recently joined PLUS Network, FCM, etc.) . provide pooled expertise in a shared service approach to local municipalities for planning-related services - community facilitation and landscape architecture, as examples 5 CAO -2006 ,2006 FINAL DRAFT Local municipalities: . all site-specific transactional land use administration within urban boundaries - this includes previously delegated consent and subdivision approvals. . developing, with delegated Provincial oversight being at the Regional level, official plan policies to guide orderly development that respects local preferences for growth, protections and enhancement of cultural and natural heritage amenities - includes neighbourhood and secondary planning . providing input and support to region-wide initiatives, as appropriate . adherence to legislative framework and Provincial Policy directions - in working within these frames, provide guidance and advice to Region to advocate for local solutions when these may be in potential conflict with Provincial directions . zoning, property standards and other by-law enforcement responsibilities NPCA: . all water-related planning guidance and administration, covering waterways, shorelines and wetlands, including hydrology and geotechnical aspects of same . conservation lands management, including ownership of regionally-significant conservations lands . land stewardship guidance . enforcement of various Provincial and Federal regulations, as well as municipal enforcement as appropriate (e.g. tree by-law) 'Planning' as a Public Expenditure in Niagara It is important to give some context for those activities that we currently capture, through service measurement systems (like Provincially-prescribed Financial Information Returns (FIRs) and the Ontario Municipal Senchmarking Initiative (OMSI)), the relative degree of resource expenditure. In consulting the most current OMSI figures for Niagara, 'planning' is a $2.34 Million annual expenditure - compared to other OMSI participating municipalities, a relative bargain. However, OMSI figures only capture the activities of its members - large municipal entities in Ontario, both single tier municipalities and regional municipalities - the system does not capture the level of expenditure (or other service-related measures, for that matter) of any given regional municipality's collective of member local municipalities. That said, it is understood that Durham Region, as an example, carries out certain planning activities for some of its member local municipalities - this is not so unusual. Prior to amalgamation, the Region of Hamilton-Wentworth's Planning Department doubled duty as the Planning Department for the City of Hamilton. Therefore, without understanding other inputs into the planning system, such as the collective expenditures for all municipal entities within a planning jurisdiction, comparisons are difficult. As an added challenge to drawing comparisons, the manner in which 'planning' 6 " n CAO -2006 ,2006 FINAL DRAFT resources are defined and then measured for public accountability purposes varies considerably. In Niagara, it is the budget allocations for the various planning departments that constitute the financial reporting measure. In other places, like Ottawa, Hamilton and London (all single tier municipalities), the activities that make up 'planning' are much more inclusive and can include - development engineering, corridors management, economic development, recreation planning, landscape architecture, and more. In Waterloo, social housing is within the Planning Department. Nuances between which functions are organized to define 'planning' are the norm - consistency is difficult to detect. Even in Niagara, tree by-law enforcement (at the regional level) is a nuance compared to other places. Still, with the impetus behind senior government directions like the qualification for Gas Tax revenues being demonstration of 'integrated' community sustainability planning, these financial comparators provide the current picture - that may, however, not be reflective of the most responsive and effective alignment of resources to meet these future demands and challenges. The current bottom line then, for expenditures on 'planning' in Niagara (excluding NPCA) are approximately $8.9 Million per annum. This is more in line with expenditures in similarly populated municipal areas, and yet, does not capture a wide range of planning system functions, including engineering discipline-related planning activities, public health-mandates and more. When looked at in its entirety, the public expenditures on the municipal planning system are significant - maximizing the value for that overall expenditure is an appropriate focus for review. This should not be construed, however, to mean an exercise in reducing expenditure. Indeed, this review has identified many current community planning functions that would benefit greatly from a reallocation of existing resources. Change Directions - Immediate Term This report proposes a number of actions in the form of recommendations, and the rationale therefore. It is important to note that, to this point, the recommendations being made are really a first phase of changes to be implemented in relation to the planning function in Niagara, changes that can be pursued in the immediate (Le. 0 - 6 month) time frame. There is discussion contained in this report, in the Next Steps section, that speaks to additional efforts that are required beyond six months - in the next municipal council term. The four main themes for improvement, as recalled from the Discussion Paper released in April 2006, are as follows: Role Clarity; Timeliness; Community Engagement; and, Integrated Community Sustainability Planning - these themes, in turn evolved through discussion on Council's stated objebtives for the review - · Address real or perceived duplication · Research and review approaches in other jurisdictions · Identify opportunities for 'one stop shopping' 7 [g~i6'IQ~ia~:~:I~I~6'~L6'g'R~eQo[t:',:'Qi~f!:~o:2'" "'o,,..,,'^' CAO -2006 ,2006 FINAL DRAFT . Ensure co-ordination of effort . Combine land use and infrastructure planning efforts . A 'developer-friendly' system The recommendations contained in this report respond to these themes. Also, some of the recommendations respond to more than one theme and/or review objective. To assist, the following summarizes the themes, and how certain solutions will address current shortcomings. The more expansive explanation of the themes is found in the Discussion Paper that was prepared as part of this process, and will not be repeated here - what is provided is a brief summary of proposed actions and how these will address agreed upon objectives of the review process. Role Clarity Actions that respond to this theme, as found in the recommendations in this report, will go a long way to addressing the original project objectives. There is evidence of duplication in planning functionality - this has the effect of working against achieving other objectives that have guided this review process, namely 'one stop shopping,' ensuring coordination of effort, and a 'developer friendly' system. In terms of this latter objective, for the purposes of this review and the recommendations contained in this report, the objective is understood as having a system that is easily understood by developers and citizens alike, one where answers are provided in a timely and consistent fashion, where communication tools are in plain language (as opposed to heavily reliant on technical jargon) and where information technology is employed in a robust manner in planning processes (including community engagement and for independent research and early inquiries). The singularly most effective means of addressing role clarity concerns is the development of a current Memorandum of Understanding (MOU) among Regional and area municipal planning functions. This is a tool that has been recommended by the Technical Review Committee, and is seen is an appropriate mechanism to address role clarity questions. Such a tool is used with great success in the Halton Region. The recommendations in this report identify some specific actions to be included in an MOU, actions that will result in removing duplication, speeding up applications processing, addressing 'one stop shopping' and respecting the delineation between matters of local interest from those of region-wide planning interest. To assist further, the recommendations contemplate securing approval from the Minister of Municipal Affairs for the exemption of certain matters requiring Regional approval - this Ministerial approval has been granted in other Regions in Ontario. The offset to devolution of land use administration to the local municipal level is the recommendation that would see Niagara act as a pilot for the appeal mechanism anticipated in Bill 51. 8 ----------- CAO -2006 ,2006 FINAL DRAFT Another role clarity concern centres around water resource-based land use issues. Waterways and shoreline issues go to the NPCA, wetlands to the Region. This is confusing, sometimes requires a proponent of development to prepare and submit two different Environmental Impact Statements, and is otherwise unnecessary. Two other functions that the NPCA is well positioned to carry out are the enforcement of the Region's Tree By-law, and be the deliverer of the Region's tree planting program. In terms of enforcement, there are duly qualified conservation officers in place, meaning the tree by-law could be added to their enforcement mandate following appropriate training in the operative aspects of the by-law. There is a current MOU between the Region and NPCA - this would require updating to reflect that certain other functions would be assigned to the NPCA. And at the current time, there is one piece of 'housekeeping' related to the previous devolution of consent authority from the former (Regional) Land Division Committee to local Committees of Adjustment. It concerns the finalization of consent applications that had been approved prior to the devolution, yet where the act of satisfying the conditions of such approvals is still outstanding. Now that all local Committees of Adjustment are well established as consent authorities, it would be appropriate to relieve this transactional responsibility from Regional Planning and secure an agreement with one of the local municipalities to have their Secretary- Treasurer carry out the consent finalization function on behalf of the Region. In this way, the resource can be assigned in accordance with the anticipated refocused priorities at the regional level. Timeliness By securing Ministerial approval to exempt certain local municipal official plan amendments from Regional approval, site-specific applications will be sped up - in essence, by removing a non-value added approval step. Technology can also assist in addressing questions of timeliness. By having all land use related information readily available in GIS-based web applications, people can conduct self-directed investigation of their land use questions - the technology is available to do so. People and firms investigating land use-related questions, should not have to attend a number of offices for initial inquiries - while face-to- face inquiries may be needed at some stage (including for verification of conclusions that they may have drawn from initial investigation), initial investigations using technology is not only responsive to today's reality, it can also help speed up processing by allowing self service at the earliest stages. It is suggested that the Technical Review Team, in addressing the objectives that they have adopted, should define Key Performance Indicators (KPls). KPI's are a form of commitment to the public regarding the time they can expect their application to be processed. The difficulty with attempting to apply KPls in the immediate term is that role clarity being attended to via an MOU has to proceed fi rst. Until the new role definitions are in place, it would be imprudent to develop 9 h?h-.. .Yh ..h .~.-.'.-.-..h-.-h' CAO -2006 ,2006 FINAL DRAFT KPls - therefore, this action is identified in the Next Phase. Also, while not a specific recommendation here, it would be helpful for the Technical Review Team (a.k.a. area planners) to consider and suggest more minor approvals that could be delegated to the staff level. The optimal approach would be, where such delegation was deemed appropriate, to have it applied consistently in each and every local municipality - however, that is for further discussion locally and potential negotiation with the Provincial level. Community Engagement Communication with and engagement of the public, as well as communication and engagement among the various planning agencies and stakeholders, was identified repeatedly as an area for improvement. And this covered a wide range of planning contexts, from local, site specific zoning changes to community-wide visioning for sustainability. One of the most often cited concerns by members of the public is with the cryptic, legal jargon that characterizes much (though not all) advertising related to planning applications and public aspects of these processes (e.g. public meetings under the Plannina Act). A call for 'plain language' advertising is both reasonable and necessary. Planning, by its nature, is a public process - when the language or format being used to invite the public into the process confuses or otherwise fails to inform that audience, the process is unwittingly ill served. This is not to suggest that current modes of informing are technically wrong - rather, this issue is one of effect of the advertising/informing method itself. Another practice that can be implemented to improve community engagement in the land use planning context is one already in place in some communities and is otherwise contemplated in Bill 51 - using the preliminary Public Open House approach on all applications that currently require a public meeting under the Plannina Act. Not only is it a better form of educating people on proposals, it helps proponents of development to make friendly adjustments to their proposals prior to finalizing the proposal, thereby minimizing time in appeals and in (unintended) adversarial tendencies in land use planning applications processing. Application of information technology is another means of assisting in educating the public in community planning matters and for and enlisting public input into the process. The use of virtual reality technology (such as is available via Niagara College) assists greatly with modeling future development. Another technology application, being visioning software, can aid considerably in setting integrated plans, since this tool shows various growth scenarios, the costs of each, the trade- offs that get made, and more - such technology is being applied to great success and acclaim visioning for growth management The Region has recently approved a Community Relations Framework. This 10 ~.~ CAO -2006 ,2006 FINAL DRAFT framework addresses various levels of engagement, from simple information out right through to enlisting community members to make recommendations to decision- makers - there are good past and present examples of efforts at every level. There is also ample evidence of good community engagement processes at the local municipal level - in terms of planning for neighbourhoods and various 'strategic planning' committees that have been established. That there is an increasing demand for robust community engagement is not in dispute - where Niagara is challenged is in respect of resource support being dedicated to such efforts. Evidence of this is found in the inventory of a wide range of processes calling for broad public engagement - important policy and program areas like (but not restricted to): . smart growth summits and tours . culture (as the 'catch-all for a broader field of arts/culture/heritage) . social planning - capitalize on work like that of the 'Niagara Community Integrated Planning Project' (with its focus on social planning and social health) . homelessness . bi-national matters of concern and interest - assuring there is resource support to continue supporting these initiatives, including planning for celebrating 1812 - 2012 and follow-up actions flowing from Summit '06: Creating the Cross Border Capital . supporting a diverse range of citizen-centred advisory committees (e.g. the Regional Chair's Agricultural Task Force), Bi-cycling Committee, etc.) . neighbourhood and secondary planning visioning exercises, and more. However, the constant challenge is that resource allocation is quite scattered and uncoordinated. The interesting thing about this observation is that, if resources are coordinated and focused on community engagement, there is a greater capacity to effect integration along these seemingly disparate yet intricately connected 'community planning' topics. No one agency has that capacity, yet a realignment of resources, particularly at the Regional level, can create the critical mass of resources that can be coordinated in more meaningful ways. As is presented in the next section, there are some clear overlaps between the community engagement aspects of the community 'planning' system and the concept of integrated community sustainability planning - there is also a significant opportunity to actively connect the two. Integrated Community Sustainability Planning The term 'integrate' is used a lot these days in public management jargon. By definition, it means "to combine or form (a part or parts) into a whole; to bring or come into equal membership of a community."1 That definition, by its nature, describes a conscious organizational action and response. Using the term 'integrated' and organizing and acting in an integrated fashion, are not the same 1 Oxford Laroe Print Dictionarv, Oxford University Press, 1991, p. 421 11 CAO -2006 ,2006 FINAL DRAFT thing. In Niagara, the word integrated appears often - yet there are organizational shortcomings in relation to acting in an integrated manner. This review has flagged this challenge, but has left the notion of recommendations to the next phase. It is complex, extends well beyond the land use planning realm, and needs to be subjected to a larger public discourse. As discussed under the subheading, 'Role Clarity,' duplication in planning resource exists. Duplication of limited resources also takes resources away from other (non- duplicated) community priorities, like integrated community sustainability planning. In this first phase of actions stemming from the review, the recommendations are aimed at eliminating duplication - once complete, the refocusing/reprioritizing of existing resources in support of other community planning imperatives can take place. The work isn't going away - it is, however, being realigned in support of the realities of community planning for today and for future community sustainability. An excellent opportunity is presenting itself to engage the community on broader, long term questions of community sustainability as part of a robust engagement exercise. The recently approved Growth Management Study, coming as it has on the heels of the Greenbelt Plan and the more recent Places to Grow Plan, is very timely and represents Niagara's opportunity to develop its version of what long term sustainability (in the context of growth management) looks like and what the public priorities are to accomplish it. Integrated community sustainability planning is not a new concept in Niagara - indeed, the work that was done under the Melbourne Principles was an examination of what is going well and where there are gaps. Items from the list of 'Good Things Happening' in that report have been discussed earlier in this report. The identified gaps included commitment to peninsula-wide transit (as social infrastructure, a tool for more orderly and cost effective growth and for addressing air quality), systematic community engagement, having more direct collaboration with the education and health sectors, and a mechanism for bi-national planning on a range of community sustainability issues. What would be a new advance is something that has been developed and is being implemented in another two tier governance system, the Greater Vancouver Regional District - theirs is called the Sustainable Region Initiative (see Appendix 2 for related articles). This was developed via robust community engagement, using various media for connecting with the public, and has 'buy-in' from the 21 member municipalities. In essence, the approved Growth Management Plan can readily serve as Niagara's Sustainability Plan process. Finally, this exercise has also provided an opportunity to see how the education sector, and more specifically the post secondary sector, can have a more active role as partners in the community planning process. Niagara College has its virtual reality technology that may present an opportunity for more formal partnering - it has certainly worked well in some rather high profile design exercises, notably the Peace Bridge adjudication. Further, some metropolitan areas, Buffalo and 12 -.-.~- CQ~~D:roiflq'~:'pi~nnT6'" ~~~()<d':~I~:ra~:C!Q2=^m CAO -2006 ,2006 FINAL DRAFT Vancouver among them, have research centres at the local university, research aimed at providing their respective communities with current information that aids considerably in planning community priorities. This latter concept is currently being investigated further by the Director of Community Integration and any possible developments can be reported in the next phase. NEXT STEPS There are a series of actions that will be required internal to the Regional Municipality. Unless determined otherwise, the expectation is that these actions will be primarily the responsibility of the CAO, supported by internal and external resources as appropriate. There is a recommendation that, in order to maintain continuity in the process, the structure that has been in place to this point (Le. Review Committee and stakeholder engagement supported by the Technical Review Team) remain in tact. Next step actions include: · determining along with the Commissioner the optimal reallocation of planning resources, in support of various Council determined community planning priorities - examples include smart growth and community improvement, community engagement, planning in a bi-national region, cultural policy planning, specialized resource support to area municipalities - specialized support may involve planning- related expertise in fields such as landscape architecture, geotechnical engineering, community engagement and facilitation · addressing the broader imperative of integrated community sustainability planning, by assessing the alignment ( and related organizational design needs) of 'planning' functions across several disciplines - land use, transportation (including transit), waste management, development engineering, economic development, social infrastructure, etc. · A next step item for the area planners to work through concerns which land use applications can be the subject of approval authority being delegated to the staff level. Other jurisdictions have done this - the Niagara Escarpment Commission has been exempting certain minor developments from Commission approval for over two decades · Area planners to develop Key Performance Indicators (KPls) for planning application processing · Investigate potential partnerships with post secondary institutions in Niagara for how they can support the system of community planning. SUMMARY The review of the planning function has remained on its timetable, and this report details first phase recommendations and next phase areas for solution. The community planning system is complex, with many stakeholders, myriad legislative directions, and operates on many levels of 'community' - neighbourhood, local municipal, region-wide, watershed, and with senior governmental frameworks. 13 I'Q'~~6I2!1rq~:~EI~6'6J69::t:{~eQrt:~"'~i~H:~,92 CAO -2006 ,2006 FINAL DRAFT The planning system in Niagara is rightly recognized as having some leading edge accomplishments - and this is cause for celebration and acknowledgement. To stay on that leading edge, some change in the system is necessary - changes that are being recommended as a result of an inclusive process of interested persons and agencies. Submitted by: Mike Trojan Chief Administrative Officer This report was prepared by Patrick Robson, Director, Community Integration. Attachment 14 , '.~___Y_._~_h_..' ~, CAO -2006 ,2006 FINAL DRAFT Appendix 1 Review of the Planning Function in Niagara - A Chronology The following represents a chronological account of the process to date in the Review of the Planning Function in Niagara, June 23, 2005 - Council Business Planning Session, held at Weiland City Hall - at this session, Council chose four specific service areas for the next phase of its process of core service review. One of those service areas was Planning in Niagara. It is important to restate that the review itself was not restricted to the activities of the Region's Planning Department. The stated objectives of the review, as determined by Regional Council on June 23, 2005, are as follows: · Address real or perceived duplication . Research and review approaches in other jurisdictions . Identify opportunities for 'one stop shopping' . Ensure co-ordination of effort . Combine land use and infrastructure planning efforts · A 'developer-friendly' system September 1, 2005 - presentation of report CAO 17 - 2005. This report outlined the review process and initial work plan. Following Council endorsement of CAO 17-2005, the newly created position of Director, Community Integration, was assigned responsibility for leading the review. Following the initial adoption of the work plan, a slight adjustment was made. This involved inserting an issues Identification exercise - which was carried out between November 2005 - January, 2006. This adjustment was endorsed by the Review Committee on November 24, 2005. Simply stated, interviews were conducted with a cross-section of stakeholders, in order to get a sense of what people felt was working well, where improvements could be considered, and what possible improvement options exist. The stakeholders interviewed included development industry representatives, local planning officials, Regional Niagara's Departmental Commissioners and their respective teams, senior staff persons from Niagara Economic Development Corporation, Niagara Regional Housing and the Niagara Peninsula Conservation Authority. This set the stage for stakeholder focus sessions conducted in late January, 2006. January 24 (Port Colborne) and January 25 (Grimsby) - Stakeholder sessions conducted to gauge responses to identified planning issues. Sessions were facilitated and all input was recorded 15 CAO -2006 ,2006 FINAL DRAFT April 13 - Review Committee endorses the release of the Discussion Paper, with the invitation that staff and elected representatives are available to attend any local Council meeting to discuss the process. May 2 - Public Open House on the Planning Review - Grimsby Town Hall May 5 - Meeting with citizen's group, 'Friday Morning Perkins' at St. Catharines Golf & Country Club May 15 - 18 - Investigation and learning trip made to Vancouver, BC - meetings with greater Vancouver Regional District, Mayor of West Vancouver, Regional Vancouver Urban Observatory, and, MetroQuest (a visioning software company). May 24 - Public Open House meeting on the Planning Review, Niagara Falls City Hall April - June - various submissions received from public agencies and private individuals June 22 - presentation of final draft report and recommendations to Review Committee and Regional Council July 27 - anticipated final report and recommendations to Regional Council via Committee of the Whole (to be held same day) 16 Please find enclosed the draft CAD report re: Interim Report and Recommendations Concerning the Review of the Planning Function in Niagara handed out at last nights Council Business Planning Session. Thank you and have a great day! The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended on ,Yfo I I INTEGRATING SUSTAlNABILITY INTO CAPITAL DESIGN I ! ! Integrating environmental, social and financial considerations into government and industry decisioJ1..making processes is critical for moving society toward sustainable development. I cading Orl\lllllzotJollS such as tJ1e Greater Vancouver Regmn tile deSign of a llew pro"""" and tool& for business casmg capital projecl$ L """"',<Mm'=__'''''''''''m.U.... lit GVlID. In 2003, the OVlW began to develop a susttlinllbllily busme.s. . their deClJlion making with the multi])l" objectives of casmg proce..~ an(l three assoclated tools. The purpose was twofold: to I Pc lSU8tamab1e dev"jopme:nt - Bl:JClall....ponsfuiliiy, enYironmentlll help identify more sustainable optlons in the early .tage. of capital . 'excellence a!ldfiflan~'1lll perforIlUlnce - and the GVRD i. project de"gn. and to tncrml&e tbe transparency and conSIStency of making eJ'!'ortsto eru;ure that tmVll'omnental and eocllll unpacts as the mforlJllLtlon 'used to make deC1810118 about capita! projects. well a. lifecycle oostll are considered m the desJgn and selection of Five Winds Internal:1onal worked with tlle OVRD'. Demand Side i capital projects. Management Group and Busmess Casing Task Group (made up of Responsible for delivering utility servlDeS aM protectJng and senior engineer. and managers) to develop a tool to compare projetlt enhBnclIlg tJ1e quality oflife 1U metropolitan Vancouver. tlla GVR.O options based on a conslSrent set of finaDClal, C1lVlronmental and SOCIal . hag a Long-standing COlnInltment to advancing regional sustmnability metrtCll. (See figure 1 ou page .12.) Summary infor.mation provided by . and baa been "iOrking on a wtiety of' fwnlll toinlegmte sustamabilily the tool is used I'D help prepare a busmess case for a recommended ! into ctny.to-day busmesa processes. px<lJcct optton for. detailed deSign and con&truction, To tap lnlu GVRD . I GVRD lleIIior~ment ha&rerogmzed tlUlt decl$ion-support pl'OCeSSeS experience, the project team worked iogether with GVRD staff: and tools are needed to take high-level policies to the opera.nonallevel. thtough two workshops to dererm11le a set or key Jlu&tainability I A key area in which tools aud proce.%eS are needed. is the design of aspects for GVRD's capital projects. The.e aspects were then refmed Icmg.lil'ed caprtal proJCClS such aswater supply and WlIStl:Watermanagement. m a manageable shalt list., and staMardi..ed metnes and .scormg j Because iheae typ<lS of pro.jl;lCls significantly affect tJ1e environmenblJ. guidance fur each memc developed.l>\u'therwork involved refimng the . JlQelll! and economic impa.<-'t of OVRD's operation&, and the growth scope of applicatIOn for the Sustainabllity BU611lCSJl Casing '1'001. and I and development pattern. In tJ1e region. they have becomc the ocope for geUlenng feedback from end-user. on ptotol"ype V'Cr&lons of tJ1e Tool. . I we lXllwn now .nave JluSllI1Il.!lDllIly 1IllIIlagers. I winch IS 1:0 be published ;11 time fnr the Mark Holland. BoLA., M.Se., MCIP, I .hil'ling entire oxgmrtzanon& 1n how tlUlythink. Wodd UJ'ballForum bel11g held ill Vancouver is a principal with HolliuldBo1'r8 I ! this June. PI.JUring Group In.. ill ViUlOOUV..._ I i TheGVRD Sust8HlBbilityBuJlmess GIsing I ! Tool is an Excel-based application used by I I project managers to lUl~ and gununanze I tJ1e enVIronmental. social and fhl,mcial I perforil1lU1ce of up to six options for the i delivery of a capital project. FigurlO 2 shows I tlte vanoug gteps involved in using the tool. whicl1 tncll1deg the foIlowmg elelnents: I Step 1 includes a module to encou:cageand I support Tool U8C1'S to identi1Yprqject options with improved ellviromrumtal and/or oocW pedimnant.;e and a module summarlZing:re1atOO best prachccs. The best practices module mcludes pl'llctices currently Implemented at the OVRD as well those used by oilier JUnsWct10ns such as lnlllruet links to LEBD sw.nclarlls and InfrnGtrlde best practices. In Step 2, users are provided with a screemttg checklist for considerntion of poteDhally relevant envirorun611tal and sooull aspects &"Uch ag public bealth and sflf'ety. energy and non-energy related wr cmlSSlons, nOllle and vibration. In this step. I users select all applicable aspects usmg I guidance provided within tlte TooL. The screening CheCklist, itl Step 3, 'provides envtronnwntal anet ooclal data input tables ! I with guidance on how to 'measure and sco;:e I each of the IlSpeGlllthat are df'<lmed relevant I to the screening checklist. fur some categories, I such ss tlte amount of fLlel or electriCity I I i eomumer. this is quantitative. For others, iOOludingnegligibJe, very low,low, or medium nsk to worker gafety, it's more qllalital1ve. A lifucyclecoetmgmodll.lein Step 4 fur aD.0'i'IS the t1JleI' to input costs for pre-construcbon, comtrueliOIl, opemtlOlIS and malnrenance, and decommll!Slonlllg of the facility or project. The cooting module also allows lor mput of any benefits and cost sav1lll!S llIlSOC1Jlted with a design option, Finally, a results table In Step 5 enables a comparillOtl of the different project OpltODS on the basIS of cost and environmenwllIld social Impacts. The best performing opOOn for each impact metrre is lligl1lighted to I allow a quick visual OvetYlew of tJ1e results (gee figure 3 for an example of the regullll). uuttal experience with the Sustainability BUs11le!ls Casing Tool Iuts revealed some mtercstmg results. I I . , .. " Bllllf.. I I Bralnstroming I THE GVRD' . AOOI ~~ Categorizing , i · Is a partnership of 21 . municipalines and one .: electoral area (approximately , ~~ two million residents).that I f!1;i m.ake up the metropohtan , ares. of Greater Vancouver. 1 I · Provides utility servIces - i drinking water, sewage I I treatment. recycling, and I . garbage disposal. -I · Manages and plans regirmal r growth and development. I .~~-~~ green spaces. /! · Is committ&.l to advand.ng ! regional sustainability. ~ ! ! ."~~ ,.'1 _._!!!t!!!!t!.._.._..+_._..__. ..~--- 1 i\ .......1 h 'I --- !I 1! FIGURE 3. " EXAMPLES OF THE RESULTS TABLE T~~ Susta,inable RegIon Inrttative IS GVRD's conunitment to: , . consider the future in both plans and actlons EXPERIENCE TO DATE · car~ for commumty, envlronment and economy The proJect development and business and considemtiolls can be easily integrated in everything we do :1 ClIsing pmcess should be well documented mto the analySIS. . nurture partnerships I !.i and standatdi1.ed to better integrate SUS~ln. DeClSlolllllakers appreciate cooSlstency in that make our region ;i ability thinking. busmess ClI&e analygis and presentation. t toda d :1 Decillion makers prefer a tool that support. One of the prunD1Y 'benefits of the Toolls bgrettea to y an even : ...... . e r morrow .! deC18101l making and allows for expenence mcreaged transp. aren.C1 aod cOIlBllltenoy of . , ,.. I .. and profeSSIonal ju.dgemcnt rather than project evaltllltlOll. ... I he <;iVRD launched ~e _ I il a tool that clearly identifies the best option SU8tainah. . Ie RegI~n Irr~tiatlve , baged on a set of previously-chosen (SRI) In 2001 to Identify :1 performanre critena. Clive Chapple is th<> senior eeonomlst at public values regarding 1'1 F.ngmeenng and plannmg stl>ffweioome !l GVllO. Juo Comeault P.Eng M.E.S.. i. regional sustainability, the . . . wor1d1lll with the GV'RD to Jnugrate ". . . " . lftandllrdized framework for ooosfdenng llU.5tMnoIillily """oideraliOl15lnto decision prmClples that should guide .!i common enViXolImentaJ and wCIal project making proe_... Kevin Brady, BoSe. M.B.S.. reglOnal development, and I H Impacts. 18 a plU'mer In th<> .ustalnability firm Five the key actions necessary. ill A standardiooed set of :Dlet1~CJl will capture Wluds International. Duncan ~oble,. MEA, " - . P.Eng., ia a senior consultant WIth .Five 'T'".' .the SRI' th I : only a subset of. project's Important Imp"clll. W'mda IntemaUoual. where hill w....k ~ uuay,. IS .: e :t: Coru;equently. the busmess.casing process fooosea on dinutte chango. corporate overarclnng framework must be flexible enough ttllit otlter .mpaclll 8u.tllinability, and life c.l"'1.. managemem. for an GVRD activities. 1 . th1&June. Ptanning Group lne.1n Varn:ouvor. I I l I I I I i I , I ".";.' ~<:j;l~:~-~'r, 1 ~f-; _ 'oJ ~:':"l" .. .~. ~_~.:~' . Several )'e&1'S litter, p1sltlting began ill earnest for this 8()..acre warer- Ct's common. wtSdom in the Vancouver regIon tJ1at the widespread front site and. Pandora's box of Bustainabllity was opened. never to commitment to sW3tainable development and green buildings was key be shut, Little did they know tlult this sire would one day be tile to the extra te..v votes that gave Vancouver the 2010 OlympiC Winter athlete's vil1llge for the most sustaltlablc games ever. Games, billed to be tile "most gugtlllnable garnet>" in OlymplC history. Many of lIJl who have been lllvolved in SEFC SInce its early days. While no (me ill sure eXllctly what that phrase mMns. from a west and in the sustamabiUty movement l'rofe&sion.ally Since, often say, coast pOint of VIew. the DIYlllpl(l Games J1l VanCOlNer are seen bulli "The most important thing about SEFC is everything but SEFC." as something powerfuL In the making, and at the game time. liS JUst We say thlS because the project became a laboratoIy for the entire another "moment" in a tnnaline ofwlu1t ig bacommg not just II wave development Uldllgtry, triggering ll11 entire mO\1ement that will but a swgmg tide of sustawable aevelopment lDltlatlves across the ellimge this regton forever. Vancouver-Whistler rell1on. In the mid 1990s. simultaneOU&ly with SEFC, sevcral othersenous I .~..rr '1/;~j5;X~~;:~ ;~'.:{-;~(j! sustainability lDlnatives got underway in the region lllGluding PlX)JeGtS su~.h as Surrey' B East Clayton neighhourhood. Simon Praser I The move to address "susl:ainability" in thiS region dates back to Universtty's UmverCity proJect. tile University 'Of Be's University I partnerships between univerll1ty academics, the City ofVfIllcouver and Town. and othetll, others that were developed immediately after the release of the famous In addition, Whistler started work on its now-famous Whistler Brundililnd report 011 sustamable del'eJopment in the late 1980s, 2020 Comprellensrve Sustllmability Plan (CSP). NumeroWl players. Vancouver completed" study in 1990 entitled "The Clouds ofClulllge" inCluding government, non-profit. acad.eJJUC, philantllloplC and business I that addressed energy and climate change for the CIty. Dne of the report's organizations. began to gather around the sustamabiBt;)< agellda. recommendatKms WllS thatdi!loarded irldustrialland in the City'S downlovl1Il comrnencmg wllat we look baGK on now as havmg been the most MlterlIolIt 10 Southeast False Creek (SEFC) be developed as a "model amazmg deoade of mtcnse discussions, studies, projeers and energy sustainable wbIm rnig\lbourhood." City coullcilagreed and said "make it so." on smtairuible development In every comer of the eCOIlOtny and SOCIety. ! , The Internatio1lll1 ~tre for SustalDable The list of green buildings, Illnovative Cities 18 now holding eatly-mOTnlllg brenld'nsts inrra.tructure. tnmspormtIon obange ttlitiallvcs. ~ montJ1 for the "profes!llOflll18uslBintlWity alternatIve infrnstmcture systems, blodiveISlly community" and they are packed by 7:30, mitiatlves. eduCAtIOnal programs, professiorull Greet; buildings m prOjects lite so common groupg. gocial ehange projects, anet related. now. few talk much about them any more. things dnVing forward on the sllstnmabillty While SEFC was II gowmnltmt drMn project. agenda In tlle reg,oll would l1lke hundreds of tJ1e Vancouver based development company pages to degcribe. ParkJone 18 now drrvmg exactly the same The building of a deep anc1strateglC agenda ... . . !" agenda mio Its eJllertMg 14,OOO-person for St1StajnalJility is dependent on lis cltarnplO1ls .,..... ,'. . : ~:'. . .,~' community. East Fraser Lands,.tn an entirely III a regron working mdependently and with TOrkW market driven pt'OJect And beyond thi& prcuect. eacI1 other III every ag!l1lCy, group and C01Ilplltly- Today in Vancouver sugtaUlBbility is so the Windmill Development OOlllpallY1Jl buildlng and then one dAy people loOk up and see a common evC!y(lne is looking for a dlfferent DOCkside in Victortn, a prOjectlllat has "tide" OOWll'll ml.lL'OOIl, This lJl what happened word or collection of words to use to promised a LEED-l'lalinUlll petfor1l1nnce for III 10 ghort years III the Vancouver Region- describe it; none seem to be able to replace every building. a movemelltstrong enough to grve this relatively the tMn qll1te yet. Eco-mdl.1stnal networking 18 growlng 11l gmsllE>.dgy region 111 Canada. the competll1ve Every 1IlIlJor development project in the populality, now llltluencmg tJ1c enOre dCSllln advantage to win tJ1e Olympic Games, city 18 now addressing &tlJllainabiIity to the of J1elghbourhoodg and busme&S parks III the As the old provertl says. be C>ll'61id what you point thst &Ome are dOing oompreheDSlve region. inCluding 80me of its largest. WIsh for. We III Be wished for tJ1e Olympic SlllltatDahility strategies to matinge I3lIl many considerations, '.I'hi.~ 'fJlct is onI..v mdence of how deep the mtelJeoinal Virus of the word .sustninabiIity" hall drilled into every ll8pect of the Vancouver regl(lu, r?ffil~~l~~,~{!;~~~i:\~;i:~~~ . """'c,JL;'~i~,nlJ~#~ ~~ Fo.,. ) ": . t~~llt~ltlliil,'~;. .'\'11':".I.I"rb'''"..'!.:},?i'!"1ifi\'i&I'itt~~'~Ill\.1''l!iN!f(<~ '.~. .';!I"X.')ll';l~"j~"~.'~f1 ,'(j,?hltlt1~,,'~lfi'I""11(llf t".}\' Today, one is hard preBged to find an Gainss and promised the world It would . . \:;:~:.:~::.~.'~~::} ~t~/r~'f;~~:t.:.~,;~~~~41z;~fk~;iji~~i.~~~~ lU'cltirecturaJ firm that does not have numerous emtJod.v sustainability values and exhilrlt LEED-aceredlied profesSIonals on staff, and them m every way to tlte best of our ability, Does this mean we live a life of]... impact .l1UUly more ...,;ho are fully knowledgeable on We did this hecause we believe mlt. on the planet than anyone else? No. Does it green des1gI11lpproaches. LEED-accredited W. were granted that apportumty and now mean that the concept of su&taJi1abi]lty now pl'ofesSIonals are now common m all fU'lllS we have our w01'l<; C1.lt out for us, Su&tllinable shows up in every 11ll\JOl' tiev6lo;pment project working In the development mdustry to the ptOJecls that = notrenlistic and canuor be built and policy project in the region? Yea, Our pornt that lt wag recently reported tJ1at even are only tJ1eOty, not developments. Su.~tail1llble legion lJl well intllitB "soak time" ofponil<<nng the sccretllt'ies of one local engllleenng firm developm.nt is about real projects and real tbe chanenges of the 21st century and what were LEED-AP. pl'Ogress - and now the world IS watching it intetul.s to do about them, So much 80. in Canada and its west coast to see if we can fact, that a few years ago we mnam~,d fitr .".... reach that to which W6 Il8pire. entire ~ strategic plan the ''Sustainable A recent VBC-led project to develop We're done with the 10 pol' oont of llny great Rogion Initiative," a "Green Guide and TOllr Map" of project tl1at is tJ1e idea - we now have ahead A core group ofp.rofeBllionals in VI1ll00\JVllf BUstaluability-drlVen lltOjects in the regIOn of us the 90 per cent of that project that IS created LEED Be and brought LEED was &1lowed under by submiSSIOns for lts hard work. Only time will tell whether we'll (Leadership in Energy and EnVltOnme:tJ.tal fil'st edilIDn. More than 200 Significant and meet our goal, but we do have the strongest Design) to C.lIIIatUl. There are now green. credible gustalnability-drlven pl'OjeCts were possible foundation ofslllltalIulbility expertise building guidelines in play in numerous submitted to the team for an aroa within of any region in the country On which to munt~'lpalitit:s, including Vannou:ver, which about a 50.kilorlletre radius of Vancouver. bulld. We aoll't have to have tl1e oonvetsAtton was tlte first city in the world to comnut In This group of projectg, due to Ih.Ar general noy lllore about why this lJl a good idea - we LEJID-Gold em every fi.tture CIVIC building. hIgh. quality, WIll! diffiCUlt tll edit in order to just have to get On with It. N\Jmero1.Ul companiea and gaverl1menl8 111 fit mto the collstmlllt& of the guide and map, t.lIe n:gton now have g1.UltainabiIilymauagerll. w.hich lS to be published in time for the Mark HolJand. B.LA.. M.Be.. MelP, ghiftlng entire Olgtnlizatlon& in how they think. World Ulhsn Forum belllg hald in Vancouvel' 10 . prinllipal with IIolland Boml this June, PlatlIling Group In.. in VanOOl1vor. . ~IIA' The Regional Municipality of Niagara Niagara ..IIJ Region 3550Schmon~arkway,P.O.Box1042 Thorold, Ontano L2V 4T7 Telephone: 905-984-3630 PLANNING AND DEVELOPMENT Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca May 15, 2006 File: D16.UR.re Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida: Re: Smarter Niagara Incentives Program - Investment Criteria and Monitorina At its meeting on May 4, 2006, Regional Council approved the attached report DPD 38- 2006. The report proposes guidelines to assist in the administration of future requests from the Area Municipalities for funding pursuant to the Smarter Niagara Incentives Program. You will note that the guidelines include criteria to evaluate requests for funds. These criteria have been developed in consultation with the CIP Contact Group from the Area Municipalities. It is expected that the criteria will assist in streamlining the administration of requests for funding, and contribute to 'seamless' program delivery from the perspective of both municipal staff and applicants. As you may be aware, Regional Council has committed $1,000,000 to the Incentives Program in the 2006 budget. In closing, we continue to look forward to working with your municipality in the delivery of the Smarter Niagara Incentives Program. Should you have any questions, or further suggestions in support of continuous improvement of the Incentives Program, please do not hesitate to contact Alan Gummo, MCIP, RPP, Senior Policy Coordination Planner;:; or me. ~: ..,., F Yours truly, ~ r;; C;;~.,~.~.c. ) - ~ . _/ // .0 ~ . en #'~ . ~~. @ / ~ Corwin 1. Cambray, MCIP, RR ::: Commissioner of Plannin d Development ~ l-"- c: Ms. Pam Gilroy, Regional Clerk Mr. Doug Darbyson, MCIP, RPP, Director of Planning & Development City of Niagara Falls Building Community. Building Lives. , ,", '~. DPD 38-2006 :') April 26, 2006 File: D16.UR.re Niagara.1I R~giQn REPORT TO: Chair and Members of the Planning an~ Public Works Committee SUBJECT: Smarter Niagara Incentives Program ;... Investment Criteria and Monitoring RECOMMENDATIONS ~ That this Committee recommend to Regional Council: Ud) 1: That the investment criteria and monitoring program proposed in this report fo~ the Smarter Niagara Incentives Program be endorsed for the 2006 budget year~ ...... 2. That a semi-annual report be prepared on the Smarter Niagatalncentives Program; 3. That this report be circulated to the Area Municipalities for information. PURPOSE This report responds to Council's direction that Staff develop, in consultation with the CIP Contact Group, guidelines to assist in the administration of future requests for funding from the partner municipalities pursuant to the Smarter Niagara Incentives Program, such guidelines to address priorities for Program investment and monitoring for results.' " EXECUTIVE SUMMARY Council has provided $1,000,000 in the 2006 budget for the Smarter Niagara Incentives Program. Council has also requested that Staff propose criteria to evaluate requests for funds~.and a monitoring program. . " ..J Proposals have been developed by Staff from Planning and Development and Corporate" Services Departments" and Niagara Economic Development Corporation in consultation with the CIP Contact Grqup from the Area Municipalities. " , DPD 38-2006 . April 26, 2006 Page 2 -''"j The proposed investment criteria include consideration of spatial criteria, program criteria, and customer preference. The monitoring proposal recommends establishment of a three-pa'rty Review Committee consisting of Staff from Corporate Services, Planning and Development, and NEDC, and submission of a semi-annual report to Council detailing funding requests and approvals. FINANCIAL IMPLlCA liONS There are no direct financial implications to this report. However, this report deals With the administration of. the Smarter Niagara Incentives Program. for which a budget of $1,000,000 has been established by Council. . REPORT Background The Smarter Niagara Incentives Program contains sub~programs to address a. number of development options depending on local needs. These. local needs are iqentifi~din loeal ....) Community Improvement Plans. CIP's are developed locally, and approved by the Province. The Region has been. a partner in the development of Community Improvement . .. Plans in St. Catharines, Niagara Falls, and Thorold, and will partner with Weiland, Fort Erie, Port Colborne and Niagara-on-the-Lake in 2006. Each sub-program has its own detailed eligibility criteria. These criteria are used by local municipal staff in evaluating requests for funding from private parties. The Regicm.cannot, by legislation, deal directly with private parties. " . Administration of the Program is carried out by the Area Municipalities with input fr9m Regional staff on a consultative basis. The Region and the Area Municipalities hav~ been working to ensure alignment within the ~rogram through the CIPContact Group' as described in a report in November (DPD 149.,2005, CSD 159-2005). .. Funding requests have been received or are expected from St. Catha rines, Wellc:ind, Thorold, and Niagara Falls, based on their respective CIP's, during the 2006 budgefyear. These CIP's all address either downtowns/central areas or brownfields. Funding requests are also expected from Niagara-on-the-Lake based on their part,igipation . in the Heritage Incentive Program which operates independently of a CIP. No 'other participants if'! the Heritage Incentive Pro.gramare expected to come forward in 2006. .>,..~) A summary of the incentives programs is included in Appendi~ 1. The November report referred to above provided flexibility in administering these programs such as on grants' or loans so that there is alignment with local programs. } I . ~"'\l. DPD 38-2006 . ); - April 26, 2006 ---) Page 3 'Irlvestnlent Criteria for 2006 The $marter Niagara Incentives are intended,to encourage investment in Niagara's urban areas that is consistent with the Smarter Niagara PrinCiples.' .' . . - . . .". 0". '. The Smarter Niag~ra Principles speak to 'investment 'in downtowns and brownfieldsas rn~~Qs to.. strengthen and direct development 'to . t()ward existjng communities. The . Principles also speak to creatirig a rcmgeof housing opportunities andch()icesjand fostering distinctive, attractive communities with a strohgserise of plaCe. .' . .-. i ~ -1]1.~~e6bjectiv~s.~ssist:in.establishing criteriaarid'priorities for investment in 2006 based . ()n.spatial. considerations and program' considerations. hi additiQn, feed-back' from investors sinoo.the initiation of the Incentives Program 'Suggests additional Considerations based on customer preference. Spatial Criteria Q.iy~n the gener~lintent of the. Program to direct investmentqn an area basis, the ~:..) following should be given priority in 2006:' . '. .'.; · Downtowns/central areas - These are already identified in the Region's' .'. ..... Development Charges By~law for exemption purposes, Strengthening downtowns' ..... . and directing . d~velopment. to central'.'areas is an.. essential' cOmponent of,the Smarter Niagara initiative. . . Brownfields -. These are identified in local Community ,Improvement Plans, and provide significant potential for . iflcreasing.the' assessment base through redevelopment. There is also the potential to leverage Provincial funding through Provincial brownfield incentives. Program Criteria Given the general intentaf the Program to assist in creating housing, and fost~ring communities with a strong sense of place, the following should be given priority in 2006: ..- . . .. . Affordable Housing":" R-refe.rence should be given to projects sel~cted under senior government programs that leverage funding 'for Niagara and provide housing for residents of Niagara. . Building and Fa~de fmprovement - This Program has the potential to . also '. improve the experience of public space and contribute to the public realm. Overall " ) improv.ement in appearance could be a significant boost to the economic success ""_r<l of downtowns. . . DPD 38-2006 April 26, 2006 - Page 4 _.,,-) . Heritage Incentive Program -- This Program recognizes a heritage leadership opportunity. This Program should be capped at $22,500 based on the Region's 2005 commitment to the Town of Niagara-on-the-Lake. . .. '- . . Funding Options and CustomerPn~ference Generally speaking, TIFartdloan programshaveth~potential to.create less drain on the Smarter Niagara. Incentives Program account per s~ intel1T1s'of actual cc:tsh outlay~ln addition, 'activation of. the loan programs creates the opportunity for a revolving 10c:ih program that could deliv~r significant long-term benefits. .' Preliminary response from investors sugge~ts that the TI F option has greater appeal than eithet grants or loans. In addition, the. TIF option createstheopportu",!itY for-significant long-term increases in assessment,to the~enefd of both the l()c~LmuniCipalityah~ the Region. .' . ,. ..... . ., . .. Administration and Monitoring 'Front line' administration .of the Program will continue to residE;!. (3t the. local level.. The Contact Group will continue to ensure that the Program is both seen and experiertcedt() be seamless from the customer perspective. -':,') Staff propose to establish athree~partY Review Committee 'c~nsisting of' staff from Corporate Services, Planning and Development, and NEDC to review all funding requests for complianCe with the' critena. On approval by the Review Con.,mitt~e,.. detailed arrangements for the transfer of funds will be arranged with the respective munidpality. StCiff also propose to provide a semi-annual report to Council outlining the' requests that have b~enreceived and approved by the Review Committee. . '. . . . . Submitted by: Approved by: Mike Trojan / / Chief Adminis tiv This report was prepared by Alan Gummo, MCIP, RPP, Senior Policy Coordination Planner, in collaboration with John Murphy,. Manager of Policy and Development, Mark Brickell, Smart Growth Expeditor, and the CIP Contact ~roup," .' .' ..- APPENDIX I <.~) Appendix I Summary of Smart Growth Incentive Programs Page 5 '1 I . I-c f DPD 38-2006 " Appendix I --) April 26, 2006 Page 5 . Appendix I Summary of Smart Growth Incentive Programs Note: Implementation of these programs may vary somewhat to achieve alignment with . local municipal proposals 1. WaiverlExemption from Regional Development Charges Purpose:. to revitalize downtowns and older industriaVcommercial areas through development and. redevelopment that represents intensification and Smart Growth principles ,~ . . ~ : ApplicabilitY: . in and adjacent to central urban areas, and brownfields within urban areas; additional areas within the urban boundary that are subject to local Community Improvement Plan Funding A~proach: 75% waiver of Regional DC if within designated area; 25% waiver of Regional DC provided that proposal demonstr~tes. ") substantial commitment to intensification, mixed use, walkable .. .-."..... neighbourhoods, housing choice, reduced building setbacks Source of Funds: waiver of Regional DC Budget Impact: to be monitored; cost off-set by assessment increase 2. Brownfields Incentive Program Purpose: to enCourage redevelopment of older industrial sites Applicability: abandoned and/or underutilized industrial sites requiring remediation or rehabilitation and located within local Community ... Improvement Plans Funding Approach: Waiver/Exemption from Regional Development Charges; Tax Assistance Program including tax refunds for remediatio.n (10 year program) and tax grants for rehabilitation (5 year program) - 80% of t~ increase generated by improved site returned to . owner for first 3 years, 10% per year thereafter until costs recovered or program ends; Tax Arrears Credit where remediation/rehabilitation result in assessment increase; Env~ronmental Assessment Grant eqlial to 50% of cost of Phase , "or Phase III EA up to $10,OOO;Brownfield Leadership Grantto fund pilot projects, educational programs, site clean-up, and promote private/public partnerships in clean-up Source of Funds: . waiver of Regional DC; TAP funded from tax increases resulting , , ) from increases in.assessment; TAC funded from tax increases . >.__...F. resulting from increases in assessment; EA grants funded from budget; Brownfield Leadership funded from budget in first year, subsequently by the 20% tax increase retained by Region from TAP . ~ DPD 38-2006 . Appendix I April 26, 2006 ~ee~) Page 6 Budget Impact: DC waiver to be monitored; TAP and TAC to be monitored; EA grants to be funded from budget allocation (per year for 5 years); Brownfields Leadership to be funded from budget allocation 3. Downtown/Commercial Area Redevelopment Incentive Program Purpose: to encourage redevelopment and rehabilitation of downtown ahd commercial areas Applicability: residential and commercial properf;ies in downtowns and commercial areas and located within local Community Improvement Plans Funding Approach: Downtown Redevelopment Grant to off-set cost of tax increases arising from redevelopment; Building and Fa~ade Improvement Loan, no-interest loans to offset the costs offayade and ~ structural improvements to older buildings; Downtown Development Charge Waiver/Exemptfon Source of Fund~: ORG is a tax-increment based program, value of grants based -on change in assessed value of property; BFI is revolving loan -~,,) fund; DC Waiver is. subset of Waiver/Exemption from Regional Development Charges program Budget Impact: DRG is budget flow-through program intended for 10 year duration; BFI to be funded from Regional contribution; DC Waiver to be monitored 4. Residential Conversion and Intensification Incentive Program Purpose: to promote conver~'ion of non-residential property to residential use, intensification of residential properties generally, to assist in creating more multi-residential development (particularly irl. downtown and commercial areas), to encourage residential inti" on vacant lots Applicability: properties located in local Community Improvement Plans, particularly in downtown and commercial areas Funding Approach: Residential Loan Program provides no interest loans for conversion, construction, and renovations; Convert-to-Rent Grant Program provides grants to convert vacantlunderutilized space in residential and non-residential buildings into self-contained units; Residential Development Charge Incentive is sub-set of Waiver/Exemption of Regional Development Charges Source of Funds: RLP is a revolving loan fund;CTRfunded from budget; RDC is . . ~ . waivefof Regional Development Charge ...~) Budget Impact: RLP to be initiated by line~of-credit to be secured by the Region; CTR to be funded from budget; RDC to be monitored r " ,c DPO 38-2006 ./ . Appendix I /-j April 26, 2006 ' Page 7 5. Heritage Restoration and Improvement Incentive Program Purpose: to promote heritage restoration and iITIprovemerit Applicability: properties designated under part IV of the Ontario Heritage Act Funding Approach: Heritage Granf/Loan Program involves grants or no-,interest 'loans for eligible work o~commercial, industrial,and residential buildings; Professional Design Study Grant offsets costs of professional design studies fOr eligible wbrk;,Heritage Dev~/opmimt Charge Program issub~set of Waiver/Exemption frOm Regional Development Charges Source of Funds: HGL would be initially funded from budget, then evolve into revolving loan fund; POS.would be funded from budget; HOC is waiver of Regional Development 'Charge Budget Impact: grants to be funded from budget; HOC to be monitored .,:) ) ~'-...~ . J . -"j " . .. .. .. '. ,...".- .. -.., .......'" --) "- .J Government Review Re~ort on the EA On May 17 2006 the Ministry of the nvironment published its Review of our Environmental Assessment (EA) Report and placed a public notice of completion and invitation to comment in local newspapers. The Review was prepared by Ministry of the Environment staff, with input from various government agencies, the general public, and aboriginal communities who could potentially be affected by the project. The Review is written to help the Minister of the Environment make a decision about environmental assessment approval of the proposed landfill. The Review helps the Minister to: . determine whether there is enough information for the Ministry to make a decision about approval of the expansion; . assess whether the required components of the Environmental Assessment Act have been met; . note any technical concerns; . evaluate how well we have consulted with interested people; . evaluate how clear and complete our consultation process has been; . evaluate how well our consultation process has been documented; and . determine whether our environmental assessment complied with the approved Terms of Reference. The review summarizes the Environmental Assessment, compares it to the requirements of the Environmental Assessment Act, the Terms of Reference and provides an overview of the comments made on the EA documents by various governmental agencies, the public and aboriginal communities. The Government Review of this project concludes that Walker undertook a complete environmental assessment process, and includes enough information for the Minister of the Environment to make a decision about the application. The Ministry stated that Walker carried out a comprehensive and responsive consultation program, providing a well-documented description of the program and the results of consultation with the public, aboriginal peoples and government agencies. The Review also identified some technical points that need further attention. Walker is working closely and cooperatively with the Ministry of the Environment to address any outstanding concerns. Project Status Report Milestones Passed: 2003 This is the 9th edition of our Environmental Assessment (EA) II January 29 - EA process officially begins with development Newsletter, which we began publishing in the spring of 2003. of the Terms of Reference that describe how the EA process Readers of this newsletter will know that we use this will be carried out. publication as a means to keep people informed about key II February 4 - First of over 30 Environmental Assessment milestones in the project approval process. Meeting the Committee meetings for a group of neighbours, members of requirements of Ontario's Environmental Assessment Act the public, and representatives of local government and public and obtaining other project approvals can be a lengthy and agencies interested in providing input to the EA process. complex process. II March 5 - First of 13 public open houses and community The following schedule reviews the milestones we have workshops to provide information and receive comments passed to-date, and future milestones. during the EA process. II October 8 - Draft Terms of Reference for the EA circulated for public and agency comment. Continued on page 2 . Page 2 v > Project Status Report (continued from page 1) 2006 .; February 17 - Formal submission of EA Report for future 2004 waste disposal capacity to the Ministry of the Environment .; July 22 - "Notice of Submission" published in local (MOE). A formal "Notice of Submission" was published in local newspapers and included in the February 2006 EA newspapers and EA newsletter to invite public and newsletter. agency review of the Proposed Terms of Reference, April 17 - Completion of MOE public comment period on submitted to the Ministry of the Environment (MOE). .; .; September 30 - Minister of Environment approves EA Report. the Terms of Reference for the preparation of the EA. .; May 17 - MOE publishes its Review ofthe EA Report and EA studies commence. publishes a public notice of completion and invitation to .; Fall - Publication of consultation papers on: comment in local newspapers. Rationale for the Proposed Undertaking; Feasibility of .; June 23 - Completion of MOE public comment period on Thermal/Combustion as an Alternative for Waste MOE Review of the EA Report. Disposal; Waste Diversion Opportunities; Evaluation of "Alternatives To"; and Site Screening. Future Milestones: 2005 2006/2007 .; Winter/Spring - Publication of consultation papers on .; July 12 - Deadline for public and agency comments on Evaluation of Landfill Footprints; Evaluation of Haul Routes and Site Entrances; Evaluation of End Use Draft Design and Operations Report. Alternatives; Impact Assessment Stu dy Work Plans; .; Fall - Minister of the Environment's decision on the EA Baseline Assumptions Land Use; and Facility under the Environmental Assessment Act. Characteristics Assumptions. .; Fall- Certificate of Approval Application review. .; November 15 - Publication of consultation paper on .; FalllWinter - If the undertaking is approved under the Evaluation of the Proposed Landfill Expansion. Environmental Assessment Act, additional permits and .; December 17 - Draft Environmental Assessment approvals including local planning approvals under the Report circulated for public and agency comment. Planning A ct. 06/02106 12:38 FAX 905 871 4022 CANON 141 002/003 . - Office of the Clerk June 2, 2006 Sent by fax: 416-325-3013/613-995-0327 The :Honourable David Caplan The Honourable Lawrence Cannon Minister of Public Infrastructure Renewal Minister of Transport, Infrastructure and and Deputy Government House Leader Communities Mowat Block, 6th floor, 900 Bay Street 330 Sparks Street Toronto, ON L7A lC2 Ottawa) ON K lA 5B4 Honourable and Dear Sirs: Re: Development of New Sustainable Infrastructure Funding Program At the Council meeting of May 29, 2006 the following resolution was passed, respecting the above referenced matter: WHEREAS the Canadian - Ontario Municipal Rural Infrastructure Fund (COMRIF) was established to enhance and renew Ontario's aging infrastructure. improve the quality of the environment. protect the health and safety of citizens, support long term economic growth and build strong sustainable communities by giving municipalities the tools they need,and WHEREAS most small munieipalities go to great lengths and expense to utilize consultants and limited municipal resources in building a strong business case to meet the goals and objectives of COMRI F, and WHEREAS during the first two rounds of COMRIF announcements. the majority of submissions where not supported because of limited funding, and WHEREAS the selection process for COMRfF is to be seamless and non political. and WHEREAS there are some communities who have had their applications approved for round one and round two of COMRIF, and WHEREAS those communities that have met the COMRIF crIteria, but whose projects were not approved because of limited funding are at a disadvantage as they will have to fund their proje~s by raising mLlnicipal taxes, and WHEREAS the existing methodology of selecting projeets eligible for funding pursuant to the COMRIF program does not provide for sustainability of aging infrastructure for the majority of rural communities in Ontario, and WHEREAS Ontario municipalities through their respective Councils are more than capable of identifying aging infrastructure in their community, and WHEREAS Ontario munioipalities could upgrade their aging infrastructure and develop long range plans if a program was developed which provided funding to all municipalities on a yearly basis; .../2 Mailing Address; The Corporation of the Town of Fort Erie Municipal Ccnttc. 1 Municipal Centre Drive Fort Erie, Onrario, Canada L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.nl. Phone (90S) 871-1600 FlIx (90S) 871-4022 Web-site: www.forterie.on.ca --- ------ -- ------------- ---- ----- - -------- 06/02/06 12:39 FAX 905 871 4022 CANON 141 003/003 - .. The Honourable David Caplan The Honourable Lawrence Cannon Page two NOW THEREFORE be it resolved that the Municipal Council of the Town of Fort Erie hereby requests AMO and the federal and provincial governments to develop a program that will support infrastructure sustainability by providing a yearly stream of funding to all rural municipalities without the municipality having to expend funds and exhaust limited resources in developing businesses cases, and further THAT: A copy of this resolution be forwarded to the appropriate persons, including the Area Municipalities. We thank you for YOl.lr attention to this matter. Carolyn J. Kett, A.M.C.T., Town Clerk ckett(liJforterie.on.m CJl</ dlk c.c. T. Hudak, M.P.P. Erie-Lincoln TIM FAX 416-325-0998 K. Craitor, M.P.P. Niagara Falls V1A FAX 416-325-0818 P. Kormos, M.P.P. Niagara Centre-Well and VIA FAX 416-324-7067 The Honourable Jim Bradley, M.P.P. St. Catharines "V.l.1. FAX 416-326-9338 J. Maloney, M.P. WeIland TIM FAX 613-995-5245 The Honourable R. Nicholson, M.P. Niagara Falls V.L<\ FAX 613-992-7910 D. Allison, M.P. Niagara West-Glanbrook VIA FAX 613-992-2727 W. Lastewka, M.P. St. Catharincs VIA FAX 613-947-4402 Roger Anderson, Chairman, AMO - VIA FAX 416- 971-6191 Kim Siddell, Manager of Corporate Services, Corporation of the Municipality of l..eamington VIA FAX 519-326-2481 Area Municipalities VM FAX H. Schlange, Chief Administrative Officer M. Neubauer, Director of Corporate Services 1'5eanTo'~r~a':~:,~es~I~H26'gI~:riQ:9!9E~~Q'Q~~~,6~Io;~Q2, ",.. _.,_.,_.w June 20, 2006 Honourable Dalton McGuinty Premier, Province of Ontario Queen's Park Room 281, Main Legislative Building Toronto, ON, L7A 1A4 Dear Honourable Sir: RE: ONTARIO CLEAN WATER ACT FILE: E08.GE At a meeting held on June 12, 2006, the Council of the Municipality of Clarington considered the above matter and passed the following resolution: "Whereas the proposed Ontario Clean Water Act is an enabling statute which outlines, in a very general way, what will be done, how, and by whom, to protect current and future drinking water sources, and the details of the how the Act will be implemented in the associated regulations; and Whereas the Municipality of Clarington supports the concept of locally developed source water protection plans in watersheds across Ontario; and Whereas the Ontario Clean Water Act, Bill 43, will affect rural landowners, farms, business, conservation authorities and municipalities; and Whereas the commodity groups representing agricultural producers have provided input to the Provincial Government that has not been incorporated into Bill 43 and should be included in the regulations; and Whereas the proposed Clean Water Act could significantly disadvantage and cause undue hardship for agricultural producers and may force producers to leave the business because of stringent regulations; and Whereas the implementation and enforcement is another downloading of provincial responsibilities to municipalities in Ontario; and Whereas agricultural producers and municipal governments should be consulted on the regulations, implementation strategy and funding for such endeavours before the regulations are brought into force; Now therefore be it resolved that Clarington Council urges the Government of Ontario to a) provide adequate funding under the Clean Water Act to land owners; b) review the implementation strategy with and to the satisfaction of the commodity groups and the AMO before it is included in the regulations; c) transfer adequate funds to the municipalities for the implementation; And further that this resolution be circulated to all municipalities in Ontario and for their endorsement" Patti L Barrie, AM,C,T., Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, ON, L1C 3A6 905-623-3379 ext 254 cc: Association of Municipalities of Ontario - All municipalities of Ontario . oro NIAG. FALLS CLERKS '06 O&.;lf; 09:41 ~ (cc ~o/tk~~~~ ~~ ,~ Where Ships Climb The Mountain... June 23, 2006 Ontario Municipal Water Association 156 Max Becker Drive Kitchener, Ontario N2E 4G 1 Attention: Douglas R. Parker, Executive Director Dear Mr. Parker: Re: Watertight Report by the Government Appointed Water Expert Panel Please be advised that Thorold City Council at its June 20, 2006 meeting adopted the following resolution: WHEREAS the recommendations made by the government appointed Water Expert Panel in the Watertight Report will, if adopted, transfer control of water assets from municipalities to local water companies with two-thirds of its Board members to be drawn from the private sector; AND WHEREAS it is the position of the Ontario Municipal Water Association that water must remain under public ownership and control. NOW THEREFORE BE IT RESOLVED THAT THE CORPORATION OF THE CITY OF THOROLD HEREBY ENACTS AS FOLLOWS: 1. THAT the City of Thorold supports the position of the Ontario Municipal Water Association insofar as water should remain under public ownership and control. 2. AND FURTHER THAT a copy of this resolution be forwarded to Premier Dalton McGuinty; the Honourable David Caplan, Minister of Public Infrastructure Renewal; the Honourable Laurel Broten, Minister of the Environment; the Honourable John Gerretsen, Minister of Municipal Affairs and Housing; John Maloney, M.P., Weiland Riding; Kim Craitor, M.P.P., ...2 City of Thorold P.O. Box 1044, 8 Carleton Street South, Thorold, Ontario L2V 4A7 Tel: 905-227-8813 email: citythol'@thol'old.com web: www.thol'old.com Fax: 905-227-5590 . . Re: Watertight Report Letter Page 2 Niagara Falls Riding; Peter Kormos, M.P.P., Niagara Centre Riding; Area Municipalities, the Association of Municipalities of Ontario and the Ontario Municipal Water Association. Yours truly, /} ,YC; . /~. ;J~, Susan Daniels, AMCT Deputy City Clerk SMD/hhm cc: The Honourable Dalton McGuinty, Premier of Ontario The Honourable David Caplan, Minister of Public Infrastructure Renewal The Honourable Laurel Broten, Minister of the Environment The Honourable John Gerretsen, Minister of Municipal Affairs and Housing John Maloney, M.P., Weiland Riding Kim Craitor, M.P.P., Niagara Falls Riding Peter Kormos, M.P.P., Niagara Centre Riding Area Municipalities The Association of Municipalities of Ontario The Ontario Municipal Water Association em: M. Weir, Chief Administrative Officer J.K. Bice, City Clerk T. Doherty, Director of Operations M ! rt; ,1\ftv LJf S th Bruce ... umclpa FY 0 "_OU.l'l MUNICIPAL OFFICE P.O. Box 540, 21 Gordon Street East NOG 250 Phone (519)392-6623 Fax (519) 392-6266 Email: msture@town.southbruce.on.ca June 15,2006 To Mayor and Council: Re: Fundin!! Shortfalls for Water and Waste Water Proiects On June 9, 2006 the Municipality of South Bruce hosted a successful meeting with our colleagues from across Ontario dealing with funding shortfalls for Water and Waste Water Projects. A second meeting is being held on June 23, 2006 at the Municipality of South Huron. Attendance is welcome from all of municipalities. Representation should be limited to a senior staff and an elected member to keep the numbers limited. A strong message from those in attendance at the first meeting was that municipalities of 250,000 are not "rural". Dedicated funding is required for municipalities of less than 25,000. Also, consideration should be given to reviewing community based needs and not municipal needs. There was also recognition that the work required to complete a grant application can be onerous and cost prohibitive to smaller centres. To assist us in determining the need for infrastructure money, we are requesting information on the size and scope of water and waste water projects both in terms of overall dollars and dollars per household. The dollars per household information provides an insight into those projects that were not funded - our information to date shows that most unfunded projects in smaller jurisdiction have similar values. This information can be relayed to our municipal staff at clerk@town.southbruce.on.ca for compilation. If you wish to attend the meeting on June 23, 2006, please contact Larry Brown, CAO, Municipality of South Huron at 519-235-0310, ext. 228 for further details and to confirm your attendance for space and refreshment purposes. Yours truly, Ralph Kreutzwiser Mayor ;.- " THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS June 15,2006 RE: WATERTIGHT PANEL REPORT Please be advised that the Council ofthe Corporation of the Township of Leeds and the Thousand Islands, at their meeting on May 29,2006, passed the following resolution with respect to the subject matter: WHEREAS the recommendations included in Watertight Report will create an additional infrastructure, which is not needed and that will be financed by water and wastewater users; AND WHEREAS the recommendations included in Watertight Report may cause water users in one municipality to finance water systems in another municipality; AND WHEREAS the recommendations of the Watertight Report will take away municipal control over water and wastewater; AND WHEREAS the model recommended in the Watertight Report will lead to conflicts between municipalities competing for development as the corporation's agenda for system improvements may be different from that of the various municipalities; ..,..- -, AND WHEREAS the model recommended in the Watertight Report will reduce r; .,., MOE's role in the delivery of safe drinking water; i!2 r- (.Q 0 r- AND WHEREAS water and wastewater servicing is the most costly of all urban ~ :>'::: iJ':' infrastructure combined and control of it must remain with the elected officials .. .'-'1 answerable to the public; 0=:, C:I CT' r~ -.... I-"- 1::::1 Oi 1-'- 1 Jessie Street, P,O. Box 129, Lansdowne, ON KOE 1LO . Tel: 613-659-2415 . Fax: 613-659-3619 . Watts: 1-866-220-2327 312 Lyndhurst Road, P.O. Box 160, Lyndhurst, ON KOE 1NO . Tel: 6,13-928-2423: . Fax: 613-928-3116 . Watts: 1-800-313-6444 . ~ NOW THEREFORE the Council of the Township of Leeds and the Thousand Islands requests that the Provincial Government not implement the recommendation of the Watertight Report to create an Ontario Water Board or transfer jurisdiction of water and wastewater to Regional Municipalities. AND FURTHERMORE THAT the following resolution be forwarded to the Honorable David Caplan, Minister of Public Infrastructure Renewal and to all Ontario municipalities for their support. I would request that you please present this Resolution to your members of Council for their consideration and endorsement. Thanking you in advance for your attention to this matter. Mayor Harold Grier TELEPHONE (905) 468-3266 P.O. BOX 100 VIRGIL, ONTARIO LOS lTO THE CORPORATION OF THE . TOWN OF NIAGARA-ON-THE-LAKE TOWN CLERK'S OFFICE DATE: JUNE 12, 2006 NO. 12 MOVED BY COUNCillOR: J. Collard SECONDED BY COUNCILLOR R.G. Howse ; WHEREAS the annual Province Wide property reassessment administered through the Municipal Property Assessment Corporation (MPAC) is scheduled for 2006 for 2007 taxation year; AND WHEREAS this reassessment could increase property assessments which will create a further financial burden to all property taxpayers in the Town of Niagara-on- the-Lake including senior citizens; AND WHEREAS MPAC is struggling to deal with the large number of property assessment appeals filed province wide; AND WHEREAS the' Province is still reviewing the report, dated March 28, 2006, , prepared by the Ontario Ombudsman. NOW THEREFORE BE IT RESOLVED that the Corporation of the Town of Niagara- on-the-Lake request the Province to immediately freeze the base assessment year for Ontario municipalities at 2005, until such time as MPAC has reasonably addressed the Ombudsman's concerns. AND FURTHER that MPAC make a formal presentation to Ontario Municipalities at the August 2006 AMO conference in Ottawa that outlines MPAC's work plan and timeframes, deal with all the issues raised by the Ombudsman. AND BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to all I Ontario Municipalities requesting their support and to forward such support to the I Premier, the Minister of Finance, local MPP, Chair, MPAC Board of Directors, Debbie Zimmerman and AMO. I I I Office of the Premier 'The Honourable Greg Sorbara I legislative Building Minister of Finance I Queen's Park 7 Queen's Park Crescent, 7th Floor I Toronto, ON M7A 1A1 Toronto, ON M7A 1Y7 I Association of Municipalities of Ontario Municipal Property Assessment Corp, I 393 University Avenue, Suite 1701 1305 Pickering Parkway Toronto, ON M5G 1E6 Pickering, ON l1V 3P2 Attn: Pat Vanini, Executive Director Attn: Debbie Zimmerman, Chair -...[ I 8~..~ >', " --.,"".' -, f,. 'c........ ..........~ Town of Greater Napanee ~1(~{~:f~:,fi~~ P.O. Box 97, 124 John Street, Napanee, Ontario K7R 3L4 . Tel: (613) 354-3351 Fax: (613) 354-6545 To: All Ontario Municipalities Re: MP AC Resolution Council of the Town of Greater Napanee passed the following resolution on May 23,2006. WHEREAS the Ombudsman commented on the operations ofMPAC in a report issued March 28,2006; AND WHEREAS the MP AC Report indicated 22 major areas of concern which included: 1) MPAC has been given a monopoly on the power to assess properties and thereby establish relative rates of taxation; 2) MP A C has failed to ensure that its assessment decisions are accurate and fair, and has undermined the integrity of the Assessment Review Board process through its conduct; 3) The issues of openness and transparency need to be improved; and 4) MPAC'S Customer Contact Centre practices need to be reviewed to ensure property owners have access to those stajfwho can address their inquiries; AND WHEREAS the Provincial Government divested itself of Ontario Property Assessment to create the non- profit Municipal Property Assessment Corporation (MP AC) on December 31, 1998; AND WHEREAS Ontario Municipalities now pay $146,054,000 per year for assessment upkeep to MP AC on an annual basis and locally the County will pay $546,144 in 2006 for this service; NOW THEREFORE the Council of the Town of Greater Napanee puts forward thefollowing resolution: THAT the Province of Ontario immediately freeze the base assessment year for Ontario municipalities at 2005, until such time as MP AC has reasonably addressed the Ombudsman's concerns so that municipalities are not forced to pay for services that might be deemed unreliable or suspect to the general public based on the March 28, 2006 report issued; AND FURTHER that MPAC make a formal presentation to Ontario Municipalities at the August 2006 AMO conference in Ottawa that outlines MP A C's work plan and timeframes, to deal with all the issues raised by the Ombudsman; AND FURTHER that should MP AC fail to report to AMO or fail to comply with their work plan time frames, that the Province of Ontario rescind the previous government's decision and bring Property Assessment back underneath the Ministry of Finance; AND FURTHER that this resolution beforwarded to all Ontario Municipalities, Dalton McGuinty, Premier of Ontario, Leona Dombrowsky, MPP Hastings-Frontenac-L&A, Debbie Zimmerman, Chair, MPAC Board of Directors; Roger Anderson, President, AMo. Yours truly, Rebecca Murphy Clerk