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190423 Regular Council Meeting Agenda
The Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Tuesday, April 23, 2019 4:30 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council moves into Closed Session to consider: personal matters about an identifiable individual, including Town employees (recruitment process); and l a proposed or pending acquisition or disposition of land by the Town (proposed land acquisition) l 3.Adoption of Agenda Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council Meeting of Tuesday, April 23, 2019 be adopted. 4.Moment of Silence 5.Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT the Minutes of the Council Meeting of April 8, 2019 be approved. 7.Presentations 8.Public Meetings 8.1 Application for Zone Change - ZN 7-19-01 - Regine Ross(DiLella) Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council approves the zone change application submitted by Regine Ross (Stephen and Sibylle DiLella), whereby the lands described as Part Lot 8, Concession 12 (Dereham), Town of Tillsonburg, and further described as the lot to be severed from consent application B18-65-7, are to be rezoned from ‘Future Development Zone (FD)’ to ‘Low Density Residential – Type 1 Zone (R1)’ to recognize the new use of the property as residential and satisfy condition of consent application B18-65-7. 8.2 Application for Zone Change - ZN 7-19-05 - 83 Rolph Street - Oxford Lofts Inc. Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council approves the zone change application submitted by Oxford Lofts Incorporated, whereby the lands described as Lot 761 and Part of Lots 763 & 764A, Plan 500, known municipally as 83 Rolph Street, are to be rezoned to amend the provisions of the ‘Special Entrepreneurial Zone (EC-9)’ to reduce the required minimum gross floor area per unit for 3 dwelling units to 26.6 m2 (286 ft2) to facilitate the residential conversion of the former Rolph Street Public School. 9.Planning Applications 9.1 Application for Zone Change - ZN 7-18-13 - Performance Communities Realty Inc. Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council approves the zone change application, File No. ZN 7-17-11, as submitted by Performance Communities Realty Inc., for lands described as Block 81, Registered Plan 41M-329, in the Town of Tillsonburg, to rezone the subject lands to Page 2 of 474 remove the Holding Provision from properties within Phase 2 of Andrews Crossing. 10.Delegations 10.1 Restoration of Memorial Park Pillars David Morris, President, Tillsonburg and District Historical Society Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT the Delegation - Restoration of Memorial Park Pillars be received, as information. 11.Deputation(s) on Committee Reports 12.Information Items 12.1 Correspondence from Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council receives the correspondence from Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs, as information. 13.Staff Reports 13.1 Chief Administrative Officer 13.1.1 CAO 19-03 - Tillsonburg Hydro System Expansion Charges Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives Report CAO-19-03 - Tillsonburg Hydro Inc – System Expansion Charges, for information. Proposed Resolution # 10 Moved By: ________________ Seconded By: ________________ THAT Council moves into a Special Shareholder Meeting of Tillsonburg Hydro Inc. Page 3 of 474 13.1.2 Special Meeting of the Shareholder of THI Comments & Deliberations: Dan Rasokas, Chair, THI Board of Directors Ian McKenzie, GM, THI Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council moves out of the Special Shareholder Meeting of Tillsonburg Hydro Inc. and resumes the Regular Council Session of April 23, 2019 at _______pm. 13.1.3 CAO-HR 19-02 - Employee Engagement Survey Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives Report CAO-HR 19-02 – Employee Engagement Survey, as information. 13.1.4 CAO 19-04 - County of Oxford - Joint Municipal Service Delivery Review - Regional Governance Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receives Report CAO 19-04 - County of Oxford - Joint Municipal Service Delivery Review - Regional Governance; AND THAT Council endorses the establishment of a Service Delivery Review Steering Committee comprised of the nine municipal Chief Administrative Officers in the County of Oxford to set the Terms of Reference, Request for Proposal content and evaluation of the RFPs for a joint Service Delivery Review report; AND FURTHER THAT Council authorizes funding to an upset limit of $20,000 be contributed on behalf of the Town of Tillsonburg from the “Improve Service Delivery and Efficiency” funding, received from the Province in April 2019, toward this project. 13.2 Clerk's Office 13.2.1 CLK 19-07 - To Amend Business Licence By-Law to include Ice Cream Refreshment Vehicles Page 4 of 474 Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Report CL 19-13, Ice Cream Refreshment Vehicles, be received as information. 13.3 Development and Communication Services 13.3.1 DCS 19-04 - Animal Control Subcontractor Agreement Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receives Report DCS 19-04 - Animal Control Subcontractor Agreement; THAT Council extends the contract for an additional two (2) year term with Hillside Kennels Animal Control Ltd. for the provision of animal control services for the Town of Tillsonburg; AND THAT Council amends the Rates and Fees By-law 4251 to reflect the change in rates. 13.4 Finance 13.5 Fire and Emergency Services 13.5.1 Report FRS 19-03 - Fireworks Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT Council receives Report FRS 19-03 - Fireworks; AND THAT By-Law 4293, To Regulate the Sale, Display and Discharge of Fireworks within the Town of Tillsonburg, and to repeal By-Law 3510, be brought forward for Council consideration. 13.6 Operations 13.6.1 OPS 19-10 Natural Resources Canada Electric Vehicle RFP Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ Page 5 of 474 THAT Council receives Report OPS 19-10 - Natural Resource Canada – Electric Vehicles and Alternative Fuel Infrastructure Deployment Initiative; AND THAT Council supports the submission of an application to Natural Resources Canada for the installation of a Level 3 Electric Vehicle Charging Station in Municipal Parking Lot 7A; AND THAT Council commits to provide funding for its share of the project in the 2020 municipal budget; AND THAT the Chief Administrative Officer be authorized to execute the attestation statement within the formal application; AND FURTHER THAT Council approves the relocation of the Level 2 Electric Vehicle Charing Station to Municipal Parking Lot 3B. 13.7 Recreation, Culture & Park Services 13.7.1 RCP 19-14 - Rowing Club Storage Access Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 19-14 - Rowing Club Storage Access; AND THAT Council authorizes staff to work with the Rowing Club to provide them access to the boat storage area for the 2019 season; AND THAT the cost of the Designated Substances Survey and any work required to establish and temporarily maintain safe access to the boat storage be funded from reserves, up to a maximum of $10,000. 13.7.2 RCP 19-18 - January-March 2019 RCP Activity Reports Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 19-18 - January-March 2019 RCP Departmental Activity Reports, as information. 13.7.3 RCP 19-19 - Awarding RFT2019-007 – TCC Auditorium Kitchen Electrical Upgrades Proposed Resolution #20 Moved By: ________________ Page 6 of 474 Seconded By: ________________ THAT Council receives Report RCP 19 – Awarding RFT2019-007 – TCC Auditorium Kitchen Electrical Upgrades; AND THAT Council awards RFT2019-007 – Tillsonburg Community Centre Auditorium Kitchen Electrical Upgrades to Adrian Droogers Electrical Contracting at their tendered price of $38,625 plus applicable taxes. 13.7.4 RCP 19-20 - Awarding RFT 2019-008 for Grasscutting and Trimming Proposed Resolution #21 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 19-20 - Awarding RFT 2018-011 for Grasscutting and Trimming; THAT Council awards grasscutting and trimming contracts for the 2019, 2020 & 2021 seasons with options to extend for up to two (2) one (1) year periods with the same terms and conditions of the original agreement; THAT Council awards a grasscutting & trimming contract for Zone 1 to Nature’s Choice Lawn Care and Irrigation at an average contract term cost per cut of $1,003.67 before taxes; THAT Council awards a grasscutting & trimming contract for Zone 2 to Fitch General Contracting Inc. at an average contract term cost per cut of $731.00 before taxes; THAT Council awards a grasscutting & trimming contract for Zone 3 to Fitch General Contracting Inc. at an average contract term cost per cut of $548.00 before taxes; THAT Council awards a grasscutting & trimming contract for Zone 4 to Fitch General Contracting Inc. at an average contract term cost per cut of $436.00 before taxes; AND THAT Council awards a grasscutting & trimming contract for Zone 5 to Fitch General Contracting Inc. at an average contract term cost per cut of $1,115.00 before taxes. 13.7.5 RCP 19-21 - Service Review Update Proposed Resolution #22 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 19-21 – RCP Service Review Update; Page 7 of 474 AND THAT Council authorizes staff to issue a request for proposals from qualified consultants to carry out the RCP departmental service review; AND THAT an amount up to a maximum of $40,000 be funded from the MMAH "One-time Funding" revenue. 14.New Business 15.Consideration of Committee Minutes 15.1 Committee Minutes Proposed Resolution #23 Moved By: ________________ Seconded By: ________________ THAT Council receives the Cultural, Heritage and Special Awards Advisory Committee minutes dated April 3, 2019, the Parks, Beautification and Cemetery Advisory Committee minutes dated April 4, 2019, the Economic Development Advisory Committee minutes dated April 9, 2019, and the Recreation and Sports Advisory Committee minutes dates April 11, 2019, as information. 15.2 Police Services Board Minutes Proposed Resolution #24 Moved By: ________________ Seconded By: ________________ THAT Council receives the Tillsonburg Police Services Board Minutes dated January 16, 2019, as information. 15.3 Long Point Region Conservation Authority Minutes Proposed Resolution #25 Moved By: ________________ Seconded By: ________________ THAT Council receives the Long Point Region Conservation Authority Board of Directors Annual General Meeting Meetings dated February 22, 2019, as information. 16.Motions/Notice of Motions 17.Resolutions/Resolutions Resulting from Closed Session 18.By-Laws 18.1 By-Law 4269, To Amend By-Law 3666 To Allow Ice Cream Vehicles Page 8 of 474 18.2 By-Law 4293, To Regulate the Sale, Display and Discharge of Fireworks 18.3 By-Law 4294, To Amend Schedule A of By-Law 4251, a Schedule of Fees 18.4 By-Law 4295, To Amend Zoning By-Law 3295 (ZN 7-18-13) 18.5 By-Law 4296, To Amend Zoning By-Law 3295 (ZN 7-19-01) 18.6 By-Law 4297, To Amend Zoning By-Law 3295 (ZN 7-19-05) Proposed Resolution #26 Moved By: ________________ Seconded By: ________________ THAT By-Law 4269, To Amend By-Law 3666 To Allow Ice Cream Vehicles; By-Law 4293, To Regulate the Sale, Display and Discharge of Fireworks; By-Law 4294, To Amend Schedule A of By-Law 4251, a Schedule of Fees; By-Law 4295, to Amend Zoning By-Law 3295 (ZN 7-18-13); By-Law 4296, To Amend Zoning By-Law 3295 (ZN 7-19-01); and By-Law 4297, To Amend Zoning By-Law 3295 (ZN 7-19-05) be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 19.Confirm Proceedings By-law Proposed Resolution #27 Moved By: ________________ Seconded By: ________________ THAT By-Law 4298, to Confirm the Proceedings of the Council Meeting held on April 23, 2019, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.Items of Public Interest 21.Adjournment Proposed Resolution #28 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Tuesday, April 23, 2019 be adjourned at ______ p.m. Page 9 of 474 1 MINUTES Monday, April 8, 2019 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Lana White, Deputy Clerk/Executive Assistant _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Adoption of Agenda Resolution # 1 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council Meeting of Monday, April 8, 2019 be adopted. Carried 3. Moment of Silence Page 10 of 474 2 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 5. Adoption of Council Minutes of Previous Meeting Resolution # 2 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Minutes of the Council Meeting of March 25, 2019 and the Special Council Meetings of March 21 and April 1, 2019 be approved. Carried 6. Presentations 6.1 Town of Tillsonburg Aquatics Facility Study Anand Desai, from Monteith Brown Planning Consultants, appeared before Council to present the Town of Tillsonburg Aquatics Facility Study. Opportunity was given for Council to ask questions and comment. Resolution # 3 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives the presentation by Monteith Brown Planning Consultants, in regards to the Town of Tillsonburg Aquatics Facility Study, as information; AND THAT the information be referred to the Town's Advisory Committees for comment, and subsequently to staff for a report and recommendation back to Council. Carried 6.2 Tillsonburg Community Centre Design Discussion, Design Option Report Chris Burbidge, from MJMA, appeared before Council to present the Tillsonburg Community Centre Design Option Report, including costing assumptions. Opportunity was given for questions and comments from Council. Page 11 of 474 3 Information is to be communicated to the service clubs before the end of the month. Resolution # 4 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives the presentation by Maclennan Jaunkains Miller Architects (MJMA), in regards to the Tillsonburg Community Centre Design Options Report, as information; AND THAT the information be referred to the Town's Advisory Committees for comment, and subsequently to staff for a report and recommendation back to Council; AND THAT this information be brought forward as well as opening the dialogue from committees for additional options and recommendations back to Council in June 2019. Carried 7. Public Meetings 8. Planning Applications 8.1 Application for Zone Change - ZN 7-19-03 - Oxnard Developments Inc. Eric Gilbert, Senior Planner, County of Oxford, appeared before Council and presented Report CP 2019-85 for the Application for Zone Change ZN 7-19-03 - Oxnard Developments Inc. Resolution # 5 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council approves the zone change application, File No. ZN 7-19-03, as submitted by Oxnard Developments Inc., for lands described as Blocks 6,7 & 9, Plan 41M-272, Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 2 of Potters Gate. Carried 9. Delegations Page 12 of 474 4 9.1 Cedric Tomico - Delegation regarding Item 10.2 Cedric Tomico appeared as a delegation in regards to Agenda Item 10.2, Tillsonburg Hydro Inc.'s Distribution System Expansion Costs and Charges. Mr. Tomico noted concerns from the development community and asked for consideration to delay these changes. Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the delegation of Cedric Tomico as information. Carried 10. Deputation(s) on Committee Reports 10.1 CLK 19-10 - Tillsonburg Transit Advisory Committee Terms of Reference Sherry Hamilton, Chair of the Tillsonburg Transit Advisory Committee, appeared before Council to speak to Report CLK 19-10 - Tillsonburg Transit Advisory Committee Terms of Reference. The report addresses the changes required to bring the document up-to-date. Resolution # 6 Moved By: Councillor Luciani Seconded By: Councillor Rosehart THAT Council receives Report CLK 19-10 - Tillsonburg Transit Advisory Committee Terms of Reference; AND THAT Council approves the amended Terms of Reference for the Tillsonburg Transit Advisory Committee. Carried 10.2 DCS 19-07 - Economic Development Advisory Committee Resolution Regarding THI’s New Economic Evaluation Model Jesse Goossens, Chair of the Economic Development Advisory Committee, appeared before Council to speak to Report DCS 19-07 - Economic Development Advisory Committee Resolution Regarding THI's Page 13 of 474 5 New Economic Evaluation Model. The report contains the concerns and requests of the Committee. Resolution # 7 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council receives Report DCS 19-07 - Economic Development Advisory Committee Resolution Regarding THI’s New Economic Evaluation Model as information; AND THAT the CAO provide an update report for the Council meeting of April 23, 2019; AND FURTHER THAT Council call a special meeting of the Shareholder of Tillsonburg Hydro Inc. and the Board of Directors of Tillsonburg Hydro Inc. be called on April 23, 2019, to discuss the Economic Evaluation Model recently approved by the Board. Carried 10.3 OPS 19-09 - Tillsonburg Airport Advisory Committee Comment Regarding the Airport Development Manual Mark Renaud, Chair of the Tillsonburg Airport Advisory Committee, appeared before Council to speak to Report OPS 19-09 - Tillsonburg Airport Advisory Committee Comment Regarding the Airport Development Manual. Resolution # 8 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report OPS 19-09 - Tillsonburg Airport Advisory Committee Comment Regarding the Airport Development Manual, as information. Carried 11. Information Items 11.1 Ministry of Infrastructure and Communities - Gas Tax Fund Page 14 of 474 6 Resolution # 9 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the correspondence from the Minister of Infrastructure and Communities, in regards to the Gas Tax Fund, as information. Carried 11.2 Big Brothers Big Sisters of Ingersoll, Tillsonburg & Area - Appreciation for 2019 Municipal Grant Resolution # 10 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the correspondence from Big Brothers Big Sisters of Ingersoll, Tillsonburg & Area, expressing appreciation for the municipal grant, as information. Carried 11.3 Tillsonburg District Chamber of Commerce - THI Distribution System Expansion Costs and Charges Resolution # 11 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the correspondence from the Tillsonburg District Chamber of Commerce, in regards to Tillsonburg Hydro Inc. (THI) Distribution System Expansion Costs and Charges, as information. Carried 12. Mayor Reports 12.1 MYR 19-06 - MMAH Regional Review Opportunity was given for Council to comment regarding Report MYR 19- 06 - MMAH Regional Review. Page 15 of 474 7 The CAO provided a verbal update about conversations with area CAOs, including funding for a service review and a timeline. Resolution # 12 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart WHEREAS the Province of Ontario (MMAH) has begun a Regional Government Reform initiative that includes Oxford County and hence the Town of Tillsonburg; AND Whereas the Council for the Town of Tillsonburg supports an open, transparent and fact-based approach to identifying any areas of operational efficiencies and financial savings; AND WHEREAS the Town of Tillsonburg is committed to both protect and enhance, in a responsible manner, the proud legacy of our municipality; AND WHEREAS the Council for the Town of Tillsonburg opposes a One Tier Governance structure in Oxford County as historical indications suggest it will not result in better decision making, will not result in improved services or level of customer service and will not provide any overall net cost efficiencies; AND WHEREAS the Town of Tillsonburg supports the continuation of a Two Tier Governance structure and/or alternative options and supports an open and transparent approach to identify local and regional efficiencies; NOW THEREFORE BE IT RESOLVED that Council for the Town of Tillsonburg endorses any opportunity to reinforce and enhance a Two-tier Governance structure in Oxford County and/or alternative options; AND FURTHER THAT the material contained within this report be made available to the CAO for his subsequent report as anticipated; AND FURTHER THAT Council endorses the opportunity for enhanced Public Engagement by hosting an Open House session as to be facilitated by Town staff; AND FURTHER THAT a maximum contribution of $20,000 from the MMAH "One-time Funding" revenue be allocated to partner with other Oxford municipalities in a Service Review with respect to a Two-tier governance model; AND FURTHER THAT this report be forwarded to the other municipalities in Oxford, including the County of Oxford as information. Page 16 of 474 8 Carried 13. Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.2.1 CLK 19-11 - Amend Business Licence By-Law to include Ice Cream vehicles Opportunity was given for Council to ask questions and comment regarding Report CL 19-11. An amended By-Law to be brought forward for consideration at the April 23, 2019 Council Meeting. Resolution # 13 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives Report CL 19-11 - Ice Cream Refreshment Vehicles; AND THAT a By-Law to amend By-Law 3666 be brought forward for Council consideration. Carried 13.2.2 CLK 19-12 - BIA Board of Management Additional Appointments Resolution # 14 Moved By: Councillor Parker Seconded By: Councillor Luciani THAT Council receives Report CLK 19-12 BIA Board of Management Additional Appointments; AND THAT By-Law 4289 to amend By-Law 4260, be brought forward for Council consideration. Carried Page 17 of 474 9 13.3 Development and Communication Services 13.3.1 DCS 19-05 - Noise By-Law Geno Vanhaelewyn, Chief Building Official, was present to answer questions regarding Report DCS 19-05. Resolution # 15 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council receives Report DCS 19-05 Noise By-Law for information; AND THAT Noise By-Law 4255 to regulate noise in the Town of Tillsonburg be brought forward for Council consideration. Carried 13.3.2 DCS 19-06 - Community Improvement Plan Application - 165 Broadway Cephas Panschow, Development Commission, was present to answer questions. Resolution # 16 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report DCS 19-07 - Community Improvement Plan Application – 165 Broadway; AND THAT the 165 Broadway property be approved for the Accessibility Renovation Grant in matching funds to a maximum contribution of $3,000. Carried 13.4 Finance 13.4.1 FIN 19-08 - Additional Funding From Upper Orders Of Government Resolution # 17 Moved By: Councillor Luciani Seconded By: Councillor Parker Page 18 of 474 10 THAT Council receives Report FIN 19–08 - Additional Funding From Upper Orders Of Government for information. Carried Resolution # 17a Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council approves $16,000 toward beautification from additional funding from Upper Orders of Government. Carried 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 19-01 - Airport Building Permits Resolution # 18 Moved By: Councillor Luciani Seconded By: Councillor Gilvesy THAT Council receives Report OPS 19-01 - Airport Building Permits; AND THAT Council directs staff to develop an Airport Development Manual to support the administration of development activity at the Airport entirely in-house. Carried 13.6.2 OPS 19-07 - Results for Tender RFT 2019-004 Bradburn Area Reconstruction Stage 2 of 2 Resolution # 19 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report OPS 19-07 - Results for Tender RFT2019-004 Bradburn Area Reconstruction Stage 2 of 2; AND THAT Council awards Tender RFT2019-004 to Elgin Construction of St. Thomas, ON at a cost of $673,902.02 (net HST Page 19 of 474 11 included), the lowest bid received satisfying all Tender requirements. Carried 13.6.3 OPS 19-08 2019 ICIP - Rural and Northern Stream Funding Application Resolution # 20 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report OPS 19-08 - 2019 ICIP – Rural and Northern Funding Stream Application; AND THAT Council reaffirms the Concession Street West Reconstruction as the designated project for the ICIP – Rural and Northern Communities Funding Stream; AND THAT the Chief Administrative Officer be authorized to execute the declaration statement within the formal application. Carried 13.7 Recreation, Culture & Park Services 14. New Business 15. Consideration of Committee Minutes 15.1 Committee Minutes Resolution # 21 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the Museum Advisory Committee Minutes dated February 28, 2019 and March 28, 2019, the Transit Advisory Committee Minutes dated March 19, 2019, the Airport Advisory Committee Minutes dated March 21, 2019, and the Economic Development Committee Minutes dated March 21, 2019, as information. Carried 16. Motions/Notice of Motions Page 20 of 474 12 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 18.1 By-Law 4255 - To Control Noise, and repeal By-Law 3002 18.2 By-Law 4269 - To Amend By-Law 3666, to Govern the Licensing of Businesses (to include ice cream trucks/bicycles) removed 18.3 By-Law 4286 - To Authorize Specific Complaints to the Assessment Review Board 18.4 By-Law 4287 - To Authorize an End User Agreement with Elexicon Group Inc., (formerly Whitby Hydro) 18.5 By-Law 4289 - To Amend By-Law 4260, to Appoint Directors to the BIA 18.6 By-Law 4290 - To Amend Zoning By-Law 3295 (ZN 7-19-02) 18.7 By-Law 4291 - To Deem Certain Lands Not To Be Within a Registered Plan of Subdivision (ZN 7-19-02) 18.8 By-Law 4292 - To Amend Zoning By-Law 3295 (ZN 7-19-03) Resolution # 23 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT By-Law 4255 - To Control Noise, and repeal By-Law 3002, By-Law 4286 - To Authorize Specific Complaints to the Assessment Review Board, By-Law 4287 - To Authorize an End User Agreement with Elexicon Group Inc., (formerly Whitby Hydro), By-Law 4289 - To Amend By-Law 4260, to Appoint Directors to the B.I.A., By-Law 4290 - To Amend Zoning By-Law 3295 (ZN 7-19-02), By-Law 4291 - To Deem Certain Lands Not To Be Within a Registered Plan of Subdivision (ZN 7-19-02), and By-Law 4292 - To Amend Zoning By-Law 3295 (ZN 7-19-03), be read for a first, second, third and final reading and that the Mayor and the Clerk be Page 21 of 474 13 and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 19. Confirm Proceedings By-law Resolution # 24 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 4288, to Confirm the Proceedings of the Council Meeting held on April 8, 2019, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20. Items of Public Interest The 2019 Tillsonburg Home & Garden Springfest is scheduled for April 12 - 14. Nominations are being received for the annual Tillsonburg Citizen of the Year Award. The deadline for nominations is May 1, 2019 at 4:30 p.m. More information can be found at www.tillsonburg.ca/citizen An Evening with Carl Dixon is schedule for May 4, 2019. Tickets available at Annandale NHS or the Station Arts Centre. The Transfer Station - Yard Waste Depot is open Monday to Saturday 9:00 a.m. to 8:00 p.m. April to September. A revised Sale, Display and Discharge of Fireworks By-Law will be presented to Council on April 23, 2019. 21. Adjournment Resolution # 25 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council Meeting of Monday, April 8, 2019 be adjourned at 10:03 p.m. Carried Page 22 of 474 Report No: CP 2019-111 COMMUNITY PLANNING Council Date: April 23, 2019 To: Mayor and Members of Tillsonburg Council From: Heather St. Clair, Development Planner, Community Planning Application for Zone Change ZN7-19-01: Regine Ross (DiLella) REPORT HIGHLIGHTS The application for zone change proposes to rezone the lot to be severed from consent application B18-65-7 from ‘Future Development Zone (FD)’ to ‘Low Density Residential – Type 1 Zone (R1)’ to coincide with the zoning of the lands to which they will be added and to fulfil a condition of the consent. The related application for consent was approved by the Oxford County Land Division Committee on April 4, 2019, and will facilitate a minor boundary adjustment to an existing residential lot in the Town. The approved boundary adjustment will have the effect of realigning the lot to be enlarged so that the private septic system, serving the lot to be enlarged will be located wholly within the confines of that lot. Planning staff are supportive of the rezoning, as it is generally consistent with the Provincial Policy Statement and the Official Plan respecting minor boundary adjustments to conform to patterns of exclusive use. DISCUSSION Background OWNER: Regine Ross (Regine Luypaert) 151 Concession Street, West Tillsonburg ON, N4G 4G8 APPLICANTS: Stephen & Sibylle DiLella 147 Concession Street, West Tillsonburg ON, N4G 4G8 LOCATION: The subject lands are described as Part Lot 8, Concession 12 (Dereham), in the Town of Tillsonburg. The subject lands are located on the south side of Concession Street, West, west of Quarter Town Line and are municipally known as 151 Concession Street, West, in the Town of Tillsonburg. The lot to be enlarged is municipally known as 147 Concession Street West. Page 23 of 474 Report No: CP 2019-111 COMMUNITY PLANNING Council Date: April 23, 2019 Page 2 of 7 OFFICIAL PLAN: Schedule “C-3” County of Oxford Settlement Strategy Plan Large Urban Centre Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW 3295: Existing Zoning (lot to be severed B18-56-3): Future Development Zone (FD) Requested Zoning: Low Density Residential – Type 1 Zone (R1) PROPOSAL: The application for zone change proposes to rezone the lot to be severed from consent application B18-65-7 from ‘Future Development Zone (FD)’ to ‘Low Density Residential – Type 1 Zone (R1)’ to coincide with the lands to which they will be added, being 151 Concession Street West, and further known as the lot to be enlarged from the above noted consent application. The conditionally approved lot addition will have the effect of increasing the lot area for the lot to be enlarged such that the existing septic system serving the lot to be enlarged will be wholly located on the property, whereas currently it is located on the neighbouring parcel to the south, the lands subject to this application (lot to be severed). The requested rezoning will also fulfil a condition of the said consent, which was approved by the Oxford County Land Division Committee on April 4, 2019. The lot to be severed is approximately 1,214.3 m2 (13,071.26 ft2) in size, and is located immediately south of the lot to be enlarged, to which it will be added, for a total enlarged lot area of approximately 3,067.52 m2 (33,019.6 ft2) for the newly enlarged residential parcel. The subject lands contain the existing septic system for the lot to be enlarged, are currently utilized by the owners of the lot to be enlarged as additional residential amenity area. The lot to be enlarged contains an existing single detached dwelling, with an attached garage The lots to be retained and enlarged front on Concession Street West and surrounding land uses are predominately single detached dwellings to the north, south and east and future development land to the west. The Tillsonburg Christian Reformed Church is located to the north of the lot to be retained. Plate 1, Location Map with Existing Zoning, shows the location of the subject lands and the existing zoning in the immediate vicinity, as well as the configuration of the recently approved consent. Plate 2, Aerial Map (2015 Air Photo), illustrates the configuration of the approved consent, with the 2015 air photo overlaid. Page 24 of 474 Report No: CP 2019-111 COMMUNITY PLANNING Council Date: April 23, 2019 Page 3 of 7 Plate 3, Applicant’s Sketch, provides the dimensions of the lots to be severed and enlarged, as well as the existing features of the site, as submitted by the applicant. Application Review PROVINCIAL POLICY STATEMENT The 2014 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions shall be consistent with all policy statements issued under the Act. Section 1.1 of the PPS directs that healthy, liveable and safe communities are sustained by accommodating an appropriate range and mix of residential uses. Sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for the planning period. Within settlement areas, sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas. The policies of Section 1.1.3 state that settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Section 1.1.3.3 further states that planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Further, Section 1.4.3 states that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by: Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households; Permitting and facilitating all forms of housing required to meet the social, health and well- being requirements of current and future residents Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; Promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Section 1.6.6.6 also states that planning authorities may allow lot creation only if there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services. Page 25 of 474 Report No: CP 2019-111 COMMUNITY PLANNING Council Date: April 23, 2019 Page 4 of 7 OFFICIAL PLAN The subject lands are designated Residential and Low Density Residential according to the Land Use Plan and Residential Density Plan for the Town of Tillsonburg, as contained in the County’s Official Plan. Low density residential areas are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including both executive and smaller single-detached dwellings, semi-detached, duplex and converted dwellings, street-fronting townhouses and other, similar type development. Within areas designated Low Density Residential, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. The policies of Section 8.2 (Town of Tillsonburg Housing Development and Residential Areas) promote the accommodation of present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods. ZONING BY-LAW The subject lands are currently zoned ‘Future Development Zone (FD)’ in the Town Zoning By- law. The ‘FD’ Zone permits a farm and associated fruit stand, as well as an existing single detached dwelling and existing accessory buildings, and states that the minimum required lot area and frontage for an existing single detached dwelling shall be that existing at the date of passing of the Zoning By-law or created through consent granted by the County Land Division Committee, which would result in Zoning compliance for the lot to be retained. The applicant is proposing to rezone the subject lands from ‘FD’ zone to ‘Low Density Residential – Type 1 Zone (R1)’, which is consistent to the zoning of the lot to be enlarged, to which the subject lands will be added. The ‘R1’ zone permits the development of single detached dwellings and requires a minimum lot area of 480 m2 (5,166.8 ft2), a minimum lot frontage of 15 m (49.2 ft) and a minimum lot depth of 32 m (105 ft). Once merged, the lot to be enlarged will be approximately 3,074.3 m2 (0.75 ac) in area, with a new depth of approximately 74.24 m (243.6 ft), which is in keeping with the development standards of the ‘R1’ zone. No change is proposed to the existing frontage of the lot to be enlarged, which is 30.48 m (100 ft). AGENCY COMMENTS This application has been reviewed by a number of public agencies. In response to the applications for consent and zone change, the County of Oxford Public Works Department has commented that the reconstruction of Concession Street West (west of Quarter Town Line) is tentatively scheduled in 2019. As part of this project, the County will be installing/extending sanitary sewers and watermains. Amongst other properties, 147 & 151 Concession St West will each receive new water and sanitary sewer services to the property line. The total cost of the new water and sanitary sewer systems will be disbursed amongst benefitting property owners (who receive new services). 147 Concession St West will be billed-out for sanitary sewer service (water service already exists), while 151 Concession St West will be billed- out for water and sewer services. A By-law will establish billing for the aforementioned servicing project. Page 26 of 474 Report No: CP 2019-111 COMMUNITY PLANNING Council Date: April 23, 2019 Page 5 of 7 The proposed sanitary sewer service to 151 Concession Street West (lot to be retained) will provide service for the northerly part of the lot (containing the existing house). An existing sanitary service off of Quarter Town Line exists for the southerly portion/majority of the lot – costs for this service will be assessed/billed at time of future development. The Southwestern Public Health Department has commented that as the application will have the effect of wholly locating the existing septic system to the confines of the lot to be enlarged (for which it serves), it will become compliant with the Ontario Building Code. As such, this Department has no concerns with the proposal. Bell Canada, Hydro One, and the Town of Tillsonburg Development Commissioner have indicated they have no concerns with the proposal. PUBLIC CONSULTATION Notice of the application was circulated to neighbouring property owners on February 1, 2019 and notice of public meeting was circulated on April8, 2019. As of the date of this report, no comments have been received from the public. Planning Analysis The requested zone change application proposes the rezoning of the lot to be severed from a recently approved consent application from ‘Future Development Zone (FD)’ to ‘Low Density Residential – Type 1 Zone (R1)’ to recognize the existing use of the subject lands, which contain the existing septic system utilized by the dwelling on the lot to be enlarged. These lands have also historically served as additional amenity area for the lot to be enlarged. Planning staff have reviewed the applicants’ request and are of the opinion that the proposal to sever approximately 1,214.32 m2 (13,071.26 ft2) of land and add it to the existing residential lot to the immediate north represents a minor boundary adjustment that will have the effect of correcting an issue with private servicing and will not result in the creation of a new lot and can therefore be considered appropriate in this instance. Once merged, the lot to be enlarged will be approximately 3,074.3 m2 (0.76 ac) in size, which is compliant with the minimum lot area requirement for lands zoned ‘Low Density Residential – Type 1 Zone (R1)’ in the Town Zoning By-law, and is consistent with the minimum lot area requirement for lands serviced by private septic systems in other parts of the County, being a minimum of 2,800 m2 (30,140 ft2). An application for rezoning has been received to rezone the lot to be severed from ‘Future Development Zone (FD)’ to ‘Low Density Residential – Type 1 Zone (R1)’ to coincide with the lands to which they will be added. In light of the foregoing, it is the opinion of this Office that the proposed rezoning maintains the intent of the Provincial Policy Statement and the County Official Plan respecting development on lands designated for low density residential uses, and is acceptable from a planning perspective and can therefore be given favourable consideration. Page 27 of 474 Report No: CP 2019-111 COMMUNITY PLANNING Council Date: April 23, 2019 Page 6 of 7 RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Regine Ross (Stephen and Sibylle DiLella), whereby the lands described as Part Lot 8, Concession 12 (Dereham), Town of Tillsonburg, and further described as the lot to be severed from consent application B18-65-7, are to be rezoned from ‘Future Development Zone (FD)’ to ‘Low Density Residential – Type 1 Zone (R1)’ to recognize the new use of the property as residential and satisfy condition of consent application B18-65-7. SIGNATURES Authored by: Heather St. Clair, MCIP, RPP Development Planner Approved for submission: Eric Gilbert, MCIP, RPP Senior Planner Page 28 of 474 Report No: CP 2019-111 COMMUNITY PLANNING Council Date: April 23, 2019 Page 7 of 7 Report Approval Details Document Title: ZN7-19-01_rpt.docx Attachments: - report attachments.pdf - 7-19-01_appl-20190115.pdf Final Approval Date: Apr 11, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 11, 2019 - 12:18 PM Page 29 of 474 November 27, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 2840 Notes NAD_1983_UTM_Zone_17N 142 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: ZN7-19-01: Ross (Luypaert) Lot 8, Concession 12 (Dereham) 151 Concession Street West, Town of Tillsonburg Concession Street West Lot to be Severed and Rezoned Lot to be Enlarged Lot to be Retained Quarter Town Line Page 30 of 474 November 27, 2018 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1110 Notes NAD_1983_UTM_Zone_17N 55 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 2: Aerial Map (2015 Air Photo) File No: ZN 7-19-01 - Regine Ross (DiLella) Lot 8, Concession 12 (Dereham) 151 Concession Street West, Town of Tillsonburg Lot to be Severed and Rezoned Lot to be Enlarged Lot to be Retained Concession Street West Page 31 of 474 Plate 3: Applicant's Sketch File No: ZN 7-19-01 - Regine Ross (DiLella) Lot 8, Concession 12 (Dereham) 151 Concession Street West, Town of TillsonburgPage 32 of 474 ZN 7-19-01 Jan. 15/19 000250186 Page 33 of 474 Page 34 of 474 Page 35 of 474 Page 36 of 474 Page 1 of 9 Report No: CP 2019-117 COMMUNITY PLANNING Council Date: April 23, 2019 To: Mayor and Members of Tillsonburg Council From: Heather St. Clair, Development Planner, Community Planning Application for Zone Change ZN 7-19-05 – Oxford Lofts Inc. REPORT HIGHLIGHTS The application for zone change proposes to amend the existing site specific ‘Special Entrepreneurial Zone (EC-9)’ zoning that applies to the subject lands to reduce the minimum required gross floor area for a residential dwelling unit from 39.7 m2 (428 ft2) to 26.6 m2 (286 ft2). The proposed reduction has been requested to facilitate the construction of 47 residential dwelling units in the former Rolph Street Public School. The subject lands were rezoned in 2017 (ZN 7-17-3) to permit the conversion of the property from the former school to residential dwelling units. This rezoning also included a site specific provision to permit the development of apartment dwelling units in the basement of the building, at a finished grade that is 1.6 m (5.2 ft) lower than permitted. A minor variance was also granted by the Town Committee of Adjustment in 2018 (A01-18) to permit a reduction to the minimum required gross floor area for a dwelling unit from 55 m2 (512 ft2) to 39.5 m2 (428 m2) for 9 of the proposed units at that time. The applicant is now proposing to increase the number of apartment dwelling units from 45 to 47, (1 of which will be used as a guest suite) and based on a preliminary floor plan provided by the applicant, it appears as though 3 of the proposed apartment dwelling units do not meet the reduced minimum gross floor area of 39.5 m2 (428 ft2), and as such require relief of the zoning provisions prior to development. No comments of concern were received from the public agencies or surrounding property owners notified. Planning staff are recommending that the application be supported, as it maintains the strategic goal of the Official Plan to increase residential density in the Central Area. DISCUSSION Background OWNER: Oxford Lofts Inc. 61 Flanders Drive, Waterdown ON, L8B 0G6 AGENT: Andrew Teeple, Athon Construction & Development Corporation 164 Herbert Street, Waterloo ON N2J 1V8 Page 37 of 474 Report No: CP 2019-117 COMMUNITY PLANNING Council Date: April 23, 2019 Page 2 of 9 LOCATION: The subject property is described as Lot 761 and Part of Lots 763 & 764A, Plan 500, in the Town of Tillsonburg. The lands are located on the west side of Rolph Street, lying between Brock Street West and Washington Grand Avenue, and are municipally known as 83 Rolph Street. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Entrepreneurial District & Environmental Protection TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Special Entrepreneurial Zone (EC-9), with EP2 Overlay Proposed Zoning: Amended Special Entrepreneurial Zone (EC-9), with EP2 Overlay PROPOSAL: The purpose of the application for Zone Change is to increase the maximum number of permitted units and to permit a reduction to the minimum required floor area for a residential dwelling unit to facilitate the conversion of the former Rolph Street Public School for residential use. The existing ‘EC-9’ zoning that applies to the subject lands was established in 2017 and permitted the conversion of the subject lands to permit the residential use, as well as a site specific provision to permit the development of apartment dwelling units in the basement of the building. A minor variance has also been granted for the subject lands to reduce the minimum required floor area/unit for 9 of the proposed units form 55 m2 (592 ft2) to 39.7 m2 (428 ft2). The applicant is now proposing a further reduction to the required floor area/unit provision to permit 3 additional undersized units, ranging in size from 26.6 m2 (286 ft2) to 36.3 m2 (391 ft2) and is proposing an increase to the number of proposed units from 45 to 47. The proposed apartment building will also contain common amenity areas, a gym and a barrier free wing to accommodate for accessible dwelling units. The subject property is approximately 1.8 ha (4.5 ac) in area and contains the former Rolph Street Public School. The western portion of the property consists of ravine lands and a former playground proposed for parking purposes is located on the southern boundary of the site, fronting on Rolph Street. The subject property also includes a parking lot, containing 14 spaces, located on the west side of Valley View Lane. Surrounding land uses to the north, south and east include office and residential (single detached dwellings and duplexes, triplexes, and apartments) uses fronting on Rolph Street, Ridout Street West, Edgewood Drive, and Valley View Lane. Ravine and valleylands bordering Stony Creek are present to the west. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Page 38 of 474 Report No: CP 2019-117 COMMUNITY PLANNING Council Date: April 23, 2019 Page 3 of 9 Plate 2, 2015 Aerial Map with Existing Zoning, provides an aerial view of the subject property. Plate 3, Approved Site Plan for the Subject Property, identifies the approved site plan for the subject lands and the location of the existing and proposed features on the site. Application Review PROVINCIAL POLICY STATEMENT: Section 1.1.2 of the Provincial Policy Statement (PPS) directs that sufficient land shall be made available through intensification, redevelopment and if necessary, designated growth areas, to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for a time horizon of up to 20 years. Section 1.4.1 of the PPS sets out policies which are intended to provide for an appropriate range of housing types and densities required to meet projected needs of current and future residents. To accommodate this, planning authorities shall maintain at all times the ability to accommodate residential growth for a minimum of 10 years through residential intensification, redevelopment and if necessary, lands which are designated and available for residential development. Further, Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by: establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households; permitting and facilitating all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements; directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit areas where it exists or is to be developed; and establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form while maintaining appropriate levels of public health and safety. Section 1.6 of the PPS also directs municipalities to efficiently utilize existing infrastructure and public service facilities prior to the establishment of new facilities. Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be based on: densities and mix of land uses which are appropriate for, and efficiently use the infrastructure and public service facilities which are planned or available; support active transportation; efficiently use land and resources; a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Page 39 of 474 Report No: CP 2019-117 COMMUNITY PLANNING Council Date: April 23, 2019 Page 4 of 9 Section 1.7.1 of the PPS states that long-term economic prosperity should be supported by maintaining and, wherever possible, enhancing the vitality and viability of downtowns and main streets. OFFICIAL PLAN: The Official Plan states that Entrepreneurial District areas are those lands which feature a range of commercial and business development opportunities through the conversion of existing residential dwellings and new development or redevelopment. It is intended that development in this District will result in a mixture of residential and non-residential land uses. The vision for the Central Area is articulated in Section 8.3.2.1. In the future, the Central Area of the Town of Tillsonburg will remain as the most functionally diverse area of the Town and will serve as the primary business, cultural and administrative centre. The commercial core of the Central Area will remain a viable regional retail shopping district capable of meeting the day to day and specialty needs of residents of the Town as well as serving the southern part of Oxford County and portions of Elgin and Norfolk Counties. At the same time the Central Area will increasingly serve as a people place and will have increased day and night activity through the introduction of residential development within and near the Central Area and through better integration of the Central Area with the wider community. A strategic objective of the Official Plan is to increase the residential population living within and in the vicinity of the Central Area. The creation of mixed use buildings and residential intensification is supported. Section 8.3.2.3.2.1- POLICIES FOR CONVERSION OF EXISTING BUILDINGS provides review criteria for development proposals to convert existing buildings within the Entrepreneurial District, as contemplated by this application. Review criteria include: Form of development - it is intended that any business uses be small-scale in terms of floor area and number of employees and shall not significantly alter the residential character of the neighbourhood. This will be accomplished by restricting non-residential uses primarily to existing dwellings and structures and through site design on an individual basis by requiring that all proposals be subject to site plan control; Alterations including building additions, enlargement of parking areas and landscaping will be based on the proposed use, neighbouring uses and lot size and configuration, and will be designed and oriented in such a manner as to blend into the existing residential character of the neighbourhood. In order to ensure that the use does not have an adverse effect on the residential character of the area, Town Council shall establish maximum lot coverage and parking provisions in the Zoning By-Law; It is recognized that within the Entrepreneurial District, existing building locations and access points may constrain the ability to provide driveway widths, loading areas and parking spaces in accordance with the provisions of the Town Zoning By-law. As such, Town Council may establish reduced or altered standards for driveways, loading and parking areas, and may consider flexible parking arrangements such as tandem parking for employees, off-site parking or similar measures provided that such measures do not effect nearby residential uses or interfere with the functionality of the site. In order to Page 40 of 474 Report No: CP 2019-117 COMMUNITY PLANNING Council Date: April 23, 2019 Page 5 of 9 minimize traffic disruption on major roads, new access points will generally be discouraged within the Entrepreneurial District. Residential intensification and compact urban form shall be facilitated through appropriate zoning standards and Town Council may consider the use of reduced municipal infrastructure requirements and lot standards on a site or area specific basis, provided that such standards are still in keeping with the overall objectives of the Official Plan. Medium density residential development is permitted within the Entrepreneurial District. The maximum net residential density for medium density residential development is 62 units per hectare (25 units per acre), exclusive of open space areas. The development as proposed has an approximate net residential density of 59 units per hectare (24 units per acre). TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘Special Entrepreneurial Zone (EC-9)’, with an Environmental Protection 2 Overlay. Permitted uses within the ‘Entrepreneurial Zone (EC)’ include a wide variety of residential uses, including an apartment dwelling, and business/professional, medical offices, and small scale business uses outlined in Section 12.1. A special provision applies to the subject lands to allow for the development of dwelling units below grade, to a maximum of 1.6 m (5.2 ft) below finished grade, and a minor variance was also granted to the subject lands in 2018 to permit a reduction to the minimum required floor area for 9 of the proposed dwelling units, from 55 m2 (512 ft2) to 39.5 m2 (428 ft2). The rear portion of the subject lands are zoned as ‘Environmental Protection 2 Overlay Zone (EP2 2)’. Development within or adjacent to (within 50 m) of lands identified within the EP2 Overlay is generally prohibited, unless an Environmental Impact Study is required. In this instance, the development is proposed within the existing building and the former playground area and an EIS is not required to for the proposed floor area reduction. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. Town Building Services Department provided the following comments: 47 suites are identified in the proposed plans; one of which is identified as a guest suite (Unit # 005) but should be included in the total count. Suites #005 (286 ft2), #006 (391 ft2.) & #009 (391 ft2) are less than the minimum dwelling unit size of 428 ft2 as per the approved minor variance for this property and will need to be resized to comply or additional zoning relief will need to be requested. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners on April 1, 2019 and April 8, 2019, in accordance with the Planning Act. To date, no comments of concern have been received from the public. Page 41 of 474 Report No: CP 2019-117 COMMUNITY PLANNING Council Date: April 23, 2019 Page 6 of 9 Planning Analysis The application for zone change has been requested to allow for a reduction to the minimum floor area for an apartment dwelling to facilitate the conversion of the former Rolph Street Public School into an apartment building, consisting of 47 proposed residential dwelling units (including one guest suite). Specifically, the applicant is proposing to reduce the minimum required floor area per unit from the required 39.7 m2 (428 ft2) to allow for 3 of the proposed 47 units to be constructed with a minimum gross floor area between 26.57 m2 (286 ft2) and 36.32 m2 (391 ft2). The remaining units would range in size from 39.9 m2 (429 ft2) to 104.1 m2 (1,120 ft2), and will include bachelor suites, as well as 1, 2 and 3 bedroom units. The developer is also proposing a number of amenity areas within the building, and on the subject lands, and is proposing the construction of a barrier free area to accommodate for accessible units. Planning staff are of the opinion that the requested relief, which will facilitate the development of 47 dwelling units in the downtown core, can be considered an efficient use of the lands and existing municipal services and infrastructure. Further, this Office is of the opinion that the proposal is consistent with the housing, intensification, and redevelopment policies of the PPS, and that the proposal will assist in providing a mix of housing types and tenures in the Central Area, which is consistent with the policy direction of the County’s Official Plan. While, the proposal supports the planned function of the downtown as per Section 8.3.2.1 of the Official Plan to increase the residential density of the Central Area, the requested floor area reduction will also assist in preserving the façade of the Rolph Street Public School, which is designated and protected by a Heritage Designation, which is in keeping with the Central Area Design Study. The Central Area Design Study promotes the maintenance and enhancement of existing heritage characteristics in the Central Area, particularly for buildings such as the Rolph Street Public School which is designated under the Ontario Heritage Act. In this respect, staff are of the opinion that approval of the applicant’s request to reduce the floor area/unit will result in the development of the required number of units to make the development economically feasible for the applicant, without compromising the character of the building by way of an addition or alteration, which is in keeping with the intent of the Heritage policies of the Official Plan. The applicant is not proposing any exterior additions or alterations to the existing façade facing Rolph Street, apart from some minor changes to accommodate HVAC equipment for the apartment dwellings, and any modifications to the heritage façade will require the approval from the Town. The extent of the subject lands are comprised of approximately 1.8 ha (4.5 ac), while the developable portion comprises approximately 0.8 ha (1.98 ac). The applicant’s proposal is to develop 47 residential dwelling units on the site, within the existing classrooms, gymnasium and library of the former school, and will result in a net residential density of 59 units per hectare (24 per acre), which is consistent with the Medium Density residential targets on lands designated Entrepreneurial District, as provided by the Official Plan. Town Council approved a zone change in 2017 to rezone the subject lands to permit the conversion of the former Public School to an apartment dwelling. The subject lands are zoned ‘Special Entrepreneurial Zone (EC-9)’. This zone permits a wide variety of residential uses, including an apartment dwelling, business/professional offices, and small scale business uses outlined in Section 12.1. A site specific provision for the subject lands was approved by Town Council in May 2017 to permit uses typical of the Entrepreneurial Zone (noted above) and to allow dwelling units to be located in a basement that has a floor level not more than 1.6 m (5.2 ft) below the adjacent finished grade. Page 42 of 474 Report No: CP 2019-117 COMMUNITY PLANNING Council Date: April 23, 2019 Page 7 of 9 For residential dwelling units, the ‘EC-9’ zone requires a minimum dwelling unit area of 55 m2 (592 ft2) per unit. This is to ensure that dwelling unit sizes are acceptable and comfortable for a variety of occupancy arrangements. A minor variance was approved in 2018 to reduce the minimum floor area for an apartment dwelling to 39.7 m2 (428 ft2) for 9 of the proposed dwelling units on the subject lands. The ‘EC-9’ zone also establishes a number of development standards with respect to lot area, frontage and depth based on use. The use of the subject lands for an apartment dwelling appears to be in keeping with the above provisions. With respect to the applicant’s request for a reduction to the required floor area/unit, staff are of the opinion that a limited number of smaller dwelling units can be considered appropriate, as this will satisfy a market demand for people who desire smaller living spaces during certain stages of life, and the development will provide additional amenity space in the form of indoor and outdoor common recreation areas. Further, no comments of concern have been received from any of the agencies circulated or any of the neighbouring property owners and as these three undersized units will represent only a small portion of the entire proposal and they will meet Ontario Building Code standards, staff are satisfied that the proposal will maintain the intent of the Zoning By-law and are acceptable from a planning perspective. In light of the foregoing, this Office is satisfied that the applicant’s proposal to rezone the subject lands to reduce the minimum gross floor area requirement for apartment dwellings from 55 m2 (512 ft2) to 26.6 m2 (286 ft2) on the subject lands, to facilitate the development of 3 undersized dwelling units, in an apartment building, with a total of 47 dwelling units, in the former Rolph Street Public School, is consistent with the PPS and supports the strategic objectives and general intent and purpose of the Official Plan and can therefore be given favourable consideration. RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Oxford Lofts Incorporated, whereby the lands described as Lot 761 and Part of Lots 763 & 764A, Plan 500, known municipally as 83 Rolph Street, are to be rezoned to amend the provisions of the ‘Special Entrepreneurial Zone (EC-9)’ to reduce the required minimum gross floor area per unit for 3 dwelling units to 26.6 m2 (286 ft2) to facilitate the residential conversion of the former Rolph Street Public School. SIGNATURES Authored by: Heather St. Clair, MCIP, RPP Development Planner Approved for submission: Eric Gilbert, MCIP, RPP Senior Planner Page 43 of 474 Report No: CP 2019-117 COMMUNITY PLANNING Council Date: April 23, 2019 Page 8 of 9 Page 44 of 474 Report No: CP 2019-117 COMMUNITY PLANNING Council Date: April 23, 2019 Page 9 of 9 Report Approval Details Document Title: 7-19-05_ Report.docx Attachments: - ZN 7-19-05 Attachments.pdf - 7-19-05_appl-REVISED-20190408.pdf Final Approval Date: Apr 15, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 15, 2019 - 11:25 AM Page 45 of 474 March 20, 2019 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 770 Notes NAD_1983_UTM_Zone_17N 38 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No. ZN 7-19-05- Oxford Estates Inc. Lot 761, Part of Lots 763 & 764A, Plan 500, Town of Tillsonburg - 83 Rolph Street Ridout Street Rolph Street Brock Street Valley View Lane Subject Lands Page 46 of 474 March 20, 2019 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 560 Notes NAD_1983_UTM_Zone_17N 28 Meters Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Subject Lands Rolph Street Ridout Street Valley View Lane Plate 2: 2015 Aerial Map with Existing Zoning File No. ZN 7-19-05- Oxford Estates Inc. Lot 761, Part of Lots 763 & 764A, Plan 500, Town of Tillsonburg - 83 Rolph Street Page 47 of 474 Plate 3: Approved Site Plan for the Subject Property File No. ZN 7-19-05- Oxford Estates Inc. Lot 761, Part of Lots 763 & 764A, Plan 500, Town of Tillsonburg - 83 Rolph Street Page 48 of 474 FOR OFFICE USE ONLY DATE PRESCRIBED INFORMATION COMPLETE PIN REV.JAN 2019 FILE NO: DATE RECEIVED: TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE 1. Registered Owner(s): Name: Phone: Residence: Address: Business: Fax: Postal Code: E-mail: Applicant (if other than registered owner): Name: Phone: Residence: Address: Business: Fax: Postal Code: E-mail: Solicitor or Agent (if any): Name: Phone: Business: Address: Fax: Postal Code: E-mail: All communications will be sent to those listed above. If you do not wish correspondence to be sent to the Owner, Applicant, or Solicitor/Agent, please specify by checking the appropriate box. Name and address of any holders of any mortgage, charges or other encumbrances (if known): 2. Subject Land(s): a) Location: Municipality former municipality Concession No. Lot(s) Registered Plan No. Lot(s) Reference Plan No. Part(s) The proposed lot is located on the side of Street, lying between Street and Street. Street and/or Civic Address (911#): b) Official Plan Designation: Existing: Proposed: If the proposed designation is different than the existing designation, has an application for Official Plan Amendment been filed with the County of Oxford? No Yes Oxford Estates Inc.61 Flanders Dr., Waterdown, Ontario, 416-580-0775L8B 0G6Bmmckillican@gmail.comAndrew Teeple, Athon ConstrucBon and Development CorporaBon164 Herbert St., Waterloo, Ontario, N2J 1V8N2J 1V8andrew@athon.ca519-900-54551-888-732-7207N/ATILLSONBURGWestRolp St.Washington Grand AveBrock St. East 75 or 83 Rolph Street, Tillsonburg, OntarioLOT 761, PART OF LOTS 763, 764A PLAN 500Entrepreneurial District & Environmental ProtecBonEntrepreneurial District & Environmental ProtecBonOxford Lo)s Inc.Page 49 of 474 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page 2 c) Zoning: Present: Proposed: d) Uses: Present: Proposed: (Include description) 3. Buildings/Structures: For all buildings/structures, either existing or proposed on the subject lands, please supply the following information: None Existing None Proposed Existing/Proposed Building 1 Building 2 Use: Date Constructed (if known): Floor Area: Setbacks: Front lot line Side lot lines Rear lot line Please complete for residential, commercial/industrial or institutional uses. RESIDENTIAL COMMERCIAL/ INDUSTRIAL INSTITUTIONAL TYPE Apt., semi, townhouse, retail, restaurant, church, etc. # OF UNITS N/A CONVERSION/ADDITION TO EXISTING BUILDING Describe TOTAL # OF UNITS/BEDS N/A N/A FLOOR AREA by dwelling unit or by type (office, retail common rooms, etc.) OTHER FACILITIES (playground, underground parking, pool, etc.) # OF LOTS (for subdivision) N/A SEATING CAPACITY (for restaurant, assembly hall, etc.) N/A # OF STAFF N/A OPEN STORAGE REQUIRED? N/A N/A ACCESSORY RESIDENTIAL USE? N/A If accessory residential use, complete residential section If accessory residential use, complete residential section 4. Site Information (proposed use(s): Lot Frontage Lot Depth Lot Area Lot Coverage Front Yard Rear Yard Interior Side Yard Exterior Side Yard (corner lot) Landscaped Open Space (%) No. of Parking Spaces No. of Loading Spaces Building Height Width of Planting Strip Driveway Width Special Entrepreneurial Zone (EC-9), with EP2 OverlaySpecial Entrepreneurial Zone (EC-9), with EP2 OverlayExisBng approved school redevelopment into 45 residenBal units.ExisBng school redevelopment into 46 residenBal units. There will also be a 191245 unit residenBal building46 unit residenBal building + Guest Suite1912small gym, storage lockers, games room/guest suite. The exact number of units was undetermined at the Bme of the original applicaBon. 3,799 m23,799 m211.411.46.616.6122.7322.7346 Units1 addiBonal unit within an approved 45 unit redevelopment 3799 m2 residenBalGarden, dog park, gym, guest suite, storage lockers122.2mIrregular ~ 130m7,052.1 m224% 11.4m22.73m6.61mN/A50%71N/A17.5m (ExisBng)N/A8.82m**See Page BoTom**Addi$onal zoning relief is being requested to accommodate reducing the minimum dwelling area. The smallest of which is a Guest Suite / Games Room #005 @ 286 sqE. Also, unit #006 & 009 @ 391 sqE are 37 square feet less than the approved minor variance for this property. However, the number of minimum-dwelling-area-compliant units has actually been increased from 33 to 38 as well as increasing the resident ameni$es. 4747472Page 50 of 474 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page 3 5. Services: (check appropriate box) Existing Proposed Water supply Publicly owned and operated piped water system Privately owned and operated individual well Other (specify) Sewage Disposal Publicly owned and operated sanitary sewer system Privately owned and operated individual septic tank Other (specify) Storm Drainage Municipal Sewers Ditches Municipal Drains Swales 6. Access: Provincial Highway Unopened Road Allowance County Road Right-of-Way owned by Municipal Road maintained all year Other (specify) Municipal Road seasonally maintained 7. General Information: a) Is the Subject Land the subject of regulations for flooding or fill and construction permits of the Long Point Region Conservation Authority? No Yes If yes, has an Application been filed with the Conservation Authority? No Yes b) Present land use(s) of adjacent properties: c) Characteristics of subject land (check appropriate space(s) and add explanation, if necessary) (i) Does the land contain environmental features such as wetlands, woodlots, watercourses, etc.? No Yes If yes, describe (ii) Has any part of the land been formally used for any purpose other than agricultural purposes? No Yes If yes, describe former use: 8. Historical Information: a) Is the subject land the subject of a current Application for Consent to the Oxford County Land Division Committee or a current application for draft plan of subdivision to the County of Oxford? No Yes o Application No. b) Have the subject land(s) ever been the subject of any other application under the Planning Act, such as an application for approval of an Official Plan amendment, a zoning by-law amendment, a Minister's Zoning Order amendment, consent, a minor variance, or approval of a plan of subdivision? No Unknown Yes o File No. Status/Decision c) If known, the date the subject land was acquired by the owner? d) If known, the length of time that the existing uses of the subject land have continued? ResidenBal Houses Stoney Creek in the rear (to the west), Kinsmen ParBcipark TrailFormer school, approved for conversion into 45 residenBal units.ZN 7-17-03ApprovedFebruary 28, 2019UnknownPage 51 of 474 TOWN OF TILLSONBURG APPLICATION FOR ZONE CHANGE Page 4 Authorization of Owner(s) for Applicant/Agent to Make the ApplicationI/We, , am/are the owner(s) of the land that is the subject of this application for zone change and I/We authorize , to make this application on my/our behalf. Date Signature of Owner(s) Signature of Owner(s) THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITSI/We of the of in the of , DO SOLEMNLY DECLARE THAT: All of the prescribed information contained in this application is true and that the information contained in the documents that may accompany this application is true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED before me at the of in the of Owner(s)/Applicant this day of 20 Owner(s)/Applicant A Commissioner for Taking Affidavits Notes: 1.Applications will not be considered complete until all requested information has been supplied.2. It is required that one original of this application (including the sketch/site plan) be filed, accompanied by theapplicable fee of $1,200.00 in cash or cheque, payable to the Treasurer, Town of Tillsonburg. A fee of$2,400.00 will be charged if an application is required ‘after the fact’ (after the use has occupied the site).Municipal Freedom of Information and Protection of Privacy Act – Notice of Collection & DisclosureThe collection of personal information on this form is legally authorized under Sec.34 of the Planning Act and O.Reg.545/06 for the purpose of processing your planning application. Questions about this collection should be directed to the Director of Community Planning at the County of Oxford, 21 Reeve St., P.O. Box 1614, Woodstock, ON N4S 7Y3 or at 519-539-9800 (ext.3207). Pursuant to Sec.1.0.1 of the Planning Act, and in accordance with Sec.32(e) of the Municipal Freedom of Information and Protection ofPrivacy Act, it is the policy of the County of Oxford to make all planning applications and supporting material available to the public. Timothy McKillican Andrew Teeple March 8, 2019Timothy McKillicanTownWaterdownProvinceOntarioCity TorontoProvince Ontario8MarchPage 52 of 474 Page 1 of 5 Report No: CP 2019-118 COMMUNITY PLANNING Council Date: April 23, 2019 To: Mayor and Members of Tillsonburg Council From: Heather St. Clair, Development Planner, Community Planning Application for Zone Change- Removal of Holding Provision ZN 7-18-13 –Performance Communities Realty Inc. REPORT HIGHLIGHTS The application for zone change proposes to remove the holding provision from Phase 2 of the Andrews Crossing subdivision. The appropriate servicing works have been completed and development agreements will be signed imminently. Removal of the holding provision will allow for the issuance of building permits. Phase 2 consists of 80 single detached dwelling lots, 2 lots for 8 street fronting townhouse dwellings, and the extension of Denrich Avenue, Reid Street, and Wilson Avenue. Planning staff are recommending approval of the application, as sufficient water and wastewater capacity is available for the development. DISCUSSION Background OWNER: Performance Communities Realty Inc. 1 Barrie Boulevard, St. Thomas ON N5P 4B9 LOCATION: The subject lands are legally described as Block 81, Registered Plan 41M-329, Town of Tillsonburg. The lands are located east of Quarter Town Line Road, south of Concession Street West, and front on extensions to Wilson Avenue, Denrich Avenue, Reid Street, and Lowrie Crescent, in the Town of Tillsonburg. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential Page 53 of 474 Report No: CP 2019-118 COMMUNITY PLANNING Council Date: April 23, 2019 Page 2 of 5 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Low Density Residential Type 1A Holding Zone (R1A-H) Special Low Density Residential Type 1A Holding Zone (R1A-18H) Special Low Density Residential Type 1A Holding Zone (R1A-19H) Special Low Density Residential Type 1A Holding Zone (R1A-20H) Low Density Residential Type 2 Holding Zone (R2-H) Special Low Density Residential Type 2 Holding Zone (R2-14H) Special Low Density Residential Type 2 Holding Zone (R2-15H) Special Low Density Residential Type 3 Holding Zone (R3-13H) Proposed Zoning: Low Density Residential Type 1A Zone (R1A) Special Low Density Residential Type 1A Zone (R1A-18) Special Low Density Residential Type 1A Zone (R1A-19) Special Low Density Residential Type 1A Zone (R1A-20) Low Density Residential Type 2 Zone (R2) Special Low Density Residential Type 2 Zone (R2-14) Special Low Density Residential Type 2 Zone (R2-15) Special Low Density Residential Type 3 Zone (R3-13) PROPOSAL: The purpose of the Application for Zone Change is to remove a holding provision on the subject lands to allow for the development of single detached dwellings and street fronting townhouse dwellings. The subject lands are located east of Quarter Town Line, north of Sanders Crescent and west of Lowrie Crescent and have an area of approximately 6.4 ha (15.8 ac). Surrounding land uses include primarily low density residential development, consisting of single detached dwellings and street fronting townhouses. The subject lands are currently vacant and are being serviced. Appropriate development agreements have been drafted and are being reviewed by the developer and the Town and County and signing of the subdivision agreement is imminent. The owner has now requested that the holding provision on the lands be lifted to allow for the issuance of building permits for the lands within Phase 2 of Andrews Crossing once the plan of subdivision has been registered. Plate 1, Proposed Registered Plan, provides the proposed lots to be registered as part of Phase 2 of Andrews Crossing. Application Review PROVINCIAL POLICY STATEMENT: The 2014 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Page 54 of 474 Report No: CP 2019-118 COMMUNITY PLANNING Council Date: April 23, 2019 Page 3 of 5 Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Section 1.1.1 provides that healthy liveable and safe communities are sustained by promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long-term needs; and avoiding development and land use patterns which may cause environmental or public health and safety concerns. OFFICIAL PLAN: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses are primarily low density housing forms including single detached dwellings, duplexes and street fronting town houses and accessory uses. The use of the lands for single detached dwellings and accessory uses thereto conforms to the ‘Low Density Residential’ policies of the Official Plan. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘R1A (H)’ ‘R1A-18(H)’, ‘R1A-19(H)’, ‘R1A-20(H)’ ‘R2(H)’, ‘R2-14(H)’, ‘R2-15(H)’, ‘R3-13(H)’ according to the Town of Tillsonburg Zoning By-law. Section 36 of the Planning Act governs the use of Holding Provisions. Holding provisions are typically used to ensure that technical or administrative matters are addressed prior to the intended use of a property being permitted. Removal of holding provisions does not require public notice or circulation of the application, and the only right to appeal lies with the applicant. In this instance, holding provisions were applied to ensure that appropriate development agreements are in place and adequate water and wastewater capacity is assigned to the development prior to the construction of dwelling units. The applicant proposes to remove the holding provision to allow the lands to be used for residential purposes as is intended. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Town Building Services Department and Town Engineering Services Department indicated that they have no concerns with the request to remove the holding provision from the lands. The Oxford County Public Works Department indicated that they have no objection to the request, as there is adequate water and wastewater treatment capacity to service the proposed development. Planning Analysis It is the opinion of this Office that the proposed zoning application is consistent with the policies of the Provincial Policy Statement and is in keeping with the policies of the Official Plan and can therefore be supported from a planning perspective. Page 55 of 474 Report No: CP 2019-118 COMMUNITY PLANNING Council Date: April 23, 2019 Page 4 of 5 Oxford County Public Works Department have confirmed that there is sufficient water and wastewater capacity available to service the proposed development and Town staff have indicated that they have no objection to the removal of the holding provision as the appropriate development agreements have been drafted and are expected to be signed imminently. The subdivision requirement is required to be signed and registered on title of the subject lands prior to the final approval and registration of the plan of subdivision. It is Planning staff’s opinion that the request to remove the holding provision within Phase 2 of Andrews Crossing to allow for residential development in the form of single detached dwellings and street fronting townhouses is appropriate from a planning perspective and can be given favourable consideration. A copy of the draft amending by-law is attached for Council’s consideration. RECOMMENDATION That the Council of the Town of Tillsonburg approve the zone change application, File No. ZN 7-17-11, as submitted by Performance Communities Realty Inc., for lands described as Block 81, Registered Plan 41M-329, in the Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 2 of Andrews Crossing. SIGNATURES Authored by: “original signed by” Heather St. Clair, MCIP RPP, Development Planner Approved for submission: “original signed by” Eric Gilbert, MCIP RPP, Senior Planner Page 56 of 474 Report No: CP 2019-118 COMMUNITY PLANNING Council Date: April 23, 2019 Page 5 of 5 Report Approval Details Document Title: ZN 7-18-13_ Report.docx Attachments: - Plate 1.pdf Final Approval Date: Apr 10, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 10, 2019 - 3:36 PM Page 57 of 474 C:\GREGWORK\18-14081ANDREWSCROSSINGPH2\18-14081.dwg, 2019-04-08 7:54:37 AM, DWG To PDF.pc3Plate 1: Proposed Registered Plan File No. ZN 7-18-13- Performance Communities Realty Inc. Block 81, Registered Plan 41M-329, Town of Tillsonburg Page 58 of 474 Hello, Please note the following response to Delegation Request Form has been submitted at Monday April 15th 2019 2:39 PM with reference number 2019- 04-15-001. First Name David Last Name Morris Street Address 20 Devon Court Town/City Tillsonburg Postal Code N4G 4K5 Phone Number 519-842-4188 E-mail dcmorris95@gmail.com Do you or any members of your party require accessibility accommodations? No Council Meeting Date April 22nd, 2019 Subject of Delegation Restoration of Memorial Park Pillars Name(s) of Delegates and Position(s) David Morris, President Name of Group or Person(s) being represented (if applicable) Tillsonburg and District Historical Society Page 59 of 474 I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation Scope of Work, Memorial Park Gate Pillars Restoration Will there be a Power Point presentation? Yes Please attach a copy of your presentation. Have you been in contact with a Staff member regarding the Delegation topic? Yes If yes, please list the Staff member(s) you have been working with. Rick Cox I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept Page 60 of 474 Tillsonburg and District Historical Society 2019 Page 61 of 474 Page 62 of 474 Page 63 of 474 Page 64 of 474 Page 65 of 474 Page 66 of 474 Page 67 of 474 Page 68 of 474 Page 69 of 474 Page 70 of 474 Page 71 of 474 Page 72 of 474 Report Title Tillsonburg Hydro System Expansion Charges Report No. CAO-19-03 Author David Calder Meeting Type Council Meeting Council Date April 23, 2019 Attachments Distribution System Code (DSC) Memorandum of Understanding and Direction (MOUD) Pre-Meeting Briefing Memo Tillsonburg Development Committee Letter Hayhoe Homes Letter Oxnard Developments Letter Tillsonburg and District Chamber of Commerce Communication. THI Board Decision Notice Memo Ontario Energy Board Staff Communications Page 1 / 11 16293748319,,,CAO 19-03 Tillsonburg Hydro System Expansion Charges RECOMMENDATION THAT Council receive report CAO-19-03 Tillsonburg Hydro Inc – System Expansion Charges for information. EXECUTIVE SUMMARY On April 8, 2019, Town Council passed the following resolution: Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council receives Report DCS 19-07 - Economic Development Advisory Committee Resolution Regarding THI’s New Economic Evaluation Model as information; AND THAT the CAO provide an update report for the Council meeting of April 23, 2019; AND FURTHER THAT Council call a special meeting of the Shareholder of Tillsonburg Hydro Inc. and the Board of Directors of Tillsonburg Hydro Inc. be called on April 23, 2019, to discuss the Economic Evaluation Model recently approved by the Board. Carried It should also be noted that the CAO was requested to obtain information as it relates to hydro system expansion charges from other Local Distribution Companies (LDCs) in the vicinity of Tillsonburg. Information from other LDCs was somewhat problematic due to the fact that the request was going to private companies for the purposes of a public report. Staff did their best to obtain information from other LDCs and the obtained information is contained within this report. Page 73 of 474 Page 2 / 11 CAO In addition, this report outlines the key considerations and the chronological order of events leading up to the THI Board Resolution below, dated January 29, 2019: AND THAT the Board confirm that THI use the EEM process capturing total capital costs (developer and THI) and ongoing costs defined as Operating, Maintenance, Administration, Depreciation and Interest costs as outlined in the Distribution System Code effective January 1, 2019; AND THAT the expansion deposit collection be deferred until it is mandated by the regulator. As a result of various decisions by the Tillsonburg Hydro Inc., Board of Directors, there is a feeling by the local development community that the development industry in Tillsonburg will not be competitive with other LDC territories due to higher costs to development in Tillsonburg thus impacting future development opportunities. It has been suggested that development will go to other communities due to lower cost impacts related to hydro infrastructure and different interpretations of “incremental costs” include in Economic Evaluation Models. BACKGROUND Tillsonburg Hydro Inc. is incorporated under the Ontario Business Corporation Act (OBCA) and operates as a monopoly and is regulated by the Ontario Energy Board (OEB). The OEB utilizes a multitude of Codes, Regulations, Decisions, Reports and Memos to provide direction to the various organizations regulated by the OEB, including Local Distribution Companies (LDCs), Retailers and Generators. The OEB also provides a license to THI to operate as a LDC. In regulating the System Expansion Charges for THI and other provincial LDCs, the OEB has adopted the Distribution System Code (DSC) and associated Appendices. The most recent version of the DSC is dated December 18, 2018. The DSC is attached to this report for reference but I would refer readers to Section 3.2 of the DSC which addresses “Expansions” and the criteria LDCs such as THI must apply. Specifically, Appendix B to the DSC outlines the Methodology and Assumptions for an Economic Evaluation. It should be noted that Appendix B states “to achieve consistent business principles for the development of the elements of an economic evaluation model, the following parameters (contained in Appendix B) for the approach are to be followed by all distributors.” Therefore, the OEB dictates the principles used in an Economic Evaluation Model. It is the responsibility of THI to implement the principles. In addition, the THI Board of Directors are governed by the Memorandum of Understanding and Direction (MOUD) which sets out the general expectations of the Town (as sole Shareholder) and THI. A copy of the MOUD is attached to this report. Section 2.0 Guiding Principles (Governance), is provided below as an excerpt from the MOUD relevant to this report. Page 74 of 474 Page 3 / 11 CAO It should be noted that the Town of Tillsonburg Council as sole shareholder and the THI Board of Directors entered into the most recent Memorandum of Understanding and Direction on June 26, 2018. It would appear that the THI Board of Directors, through their application of the DSC and its Appendix B was ensuring THI was “adhering to all appropriate legislation and regulations….” and “acting honestly and in good faith with a view to the best interests of THI….”. DEVELOPMENT INDUSTRY CONCERNS There appear to be four areas of concern from the local development industry. One is the application of an Economic Evaluation Model when a subdivider is developing a new subdivision which includes new customers to be connected to the main distribution system. The second is the change in the capital contribution percentage split between the developer and THI. The third is the collection from the developer of an expansion deposit. The fourth is a concern regarding the communication to the local development industry by THI when a policy change was made to the components of incremental costs when applying the Economic Evaluation Model. To assist Council, the following is the previous and current differences related to the Economic Evaluation Model used by THI. Incremental Costs in Economic Evaluation Model Incremental Cost included in previous Economic Evaluation Model – Operating and Maintenance (O&M). Incremental Cost included in current Economic Evaluation Model – Operation, Maintenance, Administration, Depreciation and Interest (OMADI). Capital Contribution Percentage Splits between the Developer and THI Previous split was approximately developer 46%. THI 54% Current split is approximately developer 90%. THI 10% Page 75 of 474 Page 4 / 11 CAO Expansion Deposit Previously there was no expansion deposit collected. Currently there is no expansion deposit being collected. APPLICATION OF DISTRIBUTION SYSTEM CODE First of all, it is important to understand terminology as contained in the Distribution System Code. An “expansion” as contemplated by the OEB and as contained in the Distribution System Code states in section 3.2.1 “If a distributor must construct new facilities to its main distribution system or increase the capacity of existing distribution system facilities in order to be able to connect a specific customer or group of customers, the distributor shall perform an initial economic evaluation based on estimated costs and forecasted revenues, as described in Appendix B, of the expansion project to determine if the future revenue from the customer(s) will pay for the capital cost and on-going maintenance costs of the expansion project.” The DSC goes on to say in section 3.2.6 “If a shortfall between the present value of the projected costs and revenues is calculated under section 3.2.1, the distributor may propose to collect all or a portion of that amount from the customer in the form of a capital contribution, in accordance with the distributor’s documented policy on capital contributions by customer class.” The objective of the capital contribution is to avoid any undue cross-subsidization of new customers by existing customers. Section 3.2.20 of the DSC addresses expansion deposits as follows, “For expansions that require a capital contribution, a distributor shall require the customer to provide an expansion deposit for up to 100% of the present value of the forecasted revenues as described in Appendix B. For expansions that do not require a capital contribution, a distributor may require the customer to provide an expansion deposit for up to 100% of the present value of the projected capital costs and on-going maintenance costs of the expansion project.” In addition, section 3.2.21 goes on to state “the expansion deposit collected under section 3.2.20 shall cover both the forecast risk (the risk associated with whether the projected revenues for the expansion will materialize as forecasted) and the asset risk (the risk associated with ensuring that the expansion is constructed, that it is completed to proper design and technical standards and specifications, and that the facilities operate proper when energized) related to the expansion.” INCREMENTAL COSTS In order to prepare an Economic Evaluation Model as required for a system expansion (subdivision development), THI looks at the incremental costs associated with the hydro infrastructure expansion. As noted previously, the prior policy of the THI Board was to include the incremental costs of O&M in the Economic Evaluation Model. The new model approved by the THI Board now includes Operating, Maintenance, Administration, Depreciation and Interest (OMADI). The following information is what staff could obtain regarding LDCs that are currently using OMADI in their incremental costs in Economic Evaluation Models: Centre Wellington Hydro, EPCOR (Collingwood), innpower (Innisfil and South Barrie), Midland Power Utility Corporation, Wasaga Distribution Inc., Hydro One. Page 76 of 474 Page 5 / 11 CAO Staff have been advised that the following LDCs are currently using OM&A in their incremental costs in Economic Evaluation Models: Grimsby Power – currently using OM&A but looking at moving to OMADI in the future, Orangeville Hydro – using O&M and billing costs (not capturing remaining A or D & I). Entegrus (St. Thomas) uses OM&A costs directly and Depreciation and Interest as impacting income tax only, London Hydro – OM&A (they do not use 100% of all cost lines), ERTH – O&M plus $360 per lot (works out to an approximate 60% developer/40% LDC split) The risk of THI not using OMADI and reducing the incremental costs would be that a future rate application may be at risk in that costs could not be captured in a future rate application which may impacting share value. It appears base on the information provided by other LDCs that there is a lack of consistency in the application of incremental costs by the various LDC when applying Economic Evaluation Models. Perhaps the OEB should be encouraged to standardize and create a consistent Economic Evaluation Model across the LDC sector in Ontario. EXPANSION DEPOSIT As noted, THI is not currently collecting an expansion deposit. It should be acknowledged, that not collecting an expansion deposit as decided by the THI Board of Directors, is a significant concession to the development industry. In the realm of town subdivision approvals, developers are required to provide securities (cash, letter of credit, bond) for large portions of the infrastructure being installed as well as directly paying for the subdivision infrastructure. Please see clause 3.3.20 – 3.3.21 of the Distribution System Code as attached which addresses expansion deposits. As previously noted in THI’s resolution, the Board has decided to wait until mandated by the OEB to collect a mandatory expansion deposit. It appears there may be flexibility in terms of the actual percentage of the deposit (ie. 10%-100% deposit). The risk to THI is that if a development got into financial trouble, THI does not have the securities on hand to complete the hydro infrastructure or to maintain what may already be in the ground. OPTIONS FOR POSSIBLE CONSIDERATION It would appear that the THI Board of Director’s could consider options related to what might be included in incremental costs in order to develop the Economic Evaluation Model. For example the incremental costs could perhaps remain at O and M or just add A or have the Interest and Depreciation incremental costs apply only to the tax component. The unknown is whether the regulator would step in and suggest the THI Board is not applying the DSC properly in terms of incremental costs. Another avenue might be to request more direction from the OEB regarding the inputs into the Economic Evaluation Model to identify specifically what the definition is of “incremental costs”. In terms of the capital contribution percentage splits, perhaps this is a change by THI that could be phased in over time. THI could move from 50/50 to 75/25 to 90/10 over a 3 period. Conversely, the status quo could remain and THI could manage any associated risk accordingly. As noted, an expansion deposit is not currently being collected. THI is of the understanding the OEB may be making the collection of an expansion deposit mandatory but the timing is unknown as are the Page 77 of 474 Page 6 / 11 CAO specifics around such a deposit (ie. 100% deposit or flexibility in % collected). The THI Board has already decided to wait until the Board takes any action towards a mandatory expansion deposit. Based on the resolution passed by the THI Board of Directors, one would assume the Board did its due deligence before making a decision on the incremental costs to be included in the Economic Evaluation Model and weighed the pros and cons of their decisions. The THI Board of Directors is responsible to identify and manage risk and it appears they have been taking steps to minimize risk to THI. In addition to managing risk, THI is responsible for ensuring the LDC is compliant with the regulations as provided by the regulator and that the THI Board is not putting the LDC’s operating license in jeopardy. The shareholder may wish to request the THI Board of Directors to reconsider the revised Economic Development Model or obtain direction from the OEB but it would seem, according to the MOUD, to be a THI Board of Directors decision. COMMUNICATION In terms of communication with the development industry regarding any THI policy changes, the following is a chronology of events related to the decision making process of the THI Board of Directors related to its review and application of the Economic Evaluation Model. 2017, THI joined an industry association of similar sized LDCs known as Cornerstone Hydro Electric Concepts (CHEC). o CHEC is comprised of 16 LDC including: 1) Centre Wellington Hydro (Fergus & Elora) 2) EPCOR (Collingwood) 3) Grimsby Power 4) innpower (Innisfil & South Barrie) 5) Lakefront Utilities (Cobourg & Colbourne) 6) Lakeland Power (Bracebridge, Huntsville, Burk’s Falls, Sunridge, Magnetawan & Parry Sound) 7) Midland Power Utility Corporation 8) Niagara On-The-Lake Hydro 9) Orangeville Hydro 10) Orillia Power 11) Ottawa River Power (Pembroke) 12) Renfrew Hydro Inc 13) Rideau St. Lawrence Distribution Inc (Cardinal, Iroquois, Morrisburg, Westport, Williamsburg & Prescott) 14) Tillsonburg Hydro Inc. 15) Wasaga Distribution Inc. 16) Wellington North Power Inc. (Arthur, Holstein & Mount Forest) o CHEC works together to streamline various regulatory documents, concepts and concerns in an effort to minimize the regulatory burden of meeting OEB, and other regulators rules. June 2018 Page 78 of 474 Page 7 / 11 CAO o Town staff brought forward a report to the THI Board outlining changes to THI’s System Expansion Charges to align with the CHEC process and industry standards (OEB Staff Communications and Hydro One). Suggested changes included: Developers responsible for contracting majority of work directly (previous THI would perform work or contract directly). End result of cost responsibility did not change with this recommendation. A Discounted Cash Flow (DCF) model or Economic Evaluation Model (EEM) is applied using estimated costs to approximate any deposits (if required) and an initial cost splitting estimate. A final EEM is run upon system energization utilizing actual costs and projected customer connections. The revised EEM would also include Operations, Maintenance, Administration, Depreciation and Interest costs (OMADI), essentially all cost areas against future revenue streams from the development. Any extra revenue is then used to off-set capital costs of the development. o Historically THI was using Operations & Maintenance (O&M) costs for this analysis A deposit, permissible but not mandated by the OEB, to protect against revenue exposure was also to be collected. This deposit is set at the Net Present Value (NPV) of the revenue streams. o Resolution Passed AND THAT the Board approve that THI revise the EEM process to include capturing total capital costs (developer and THI) and ongoing costs defined as Operating, Maintenance, Administration, Depreciation and Interest costs as outlined in the Distribution System Code and authorize the collection of expansion deposits for exposure above $20,000. Note: Between June 2018 and October 2018 there was no communication to the broader development industry of the THI Board resolution that was passed in June. It became evident that the Board was under the impression that action was being taken to meet and obtain input from the development industry. Upon a change in leadership related to the CEO of THI it became apparent no action had been taken by staff and the Board felt they had not been provided with complete information from previous leadership. As a result, the Board wanted to revisit the issue and the new leadership was requested to provide a second staff report. October 2018 o A second Staff report was provided to the THI Board which revisited the decision from June 2018 and provided quantitative analysis of applying a revised Economic Evaluation Model and expansion deposit. o From this discussion, it became apparent that proper communication to the development community had not been organized and delivered. Page 79 of 474 Page 8 / 11 CAO o Staff were instructed to organize a communication memo (Pre-Meeting Briefing Memo, attached to this report) and a communication session for the development community. o Resolution Passed: And the Board confirm that THI use the EEM process capturing total capital costs (developer and THI) and ongoing costs defined as Operating, Maintenance, Administration, Depreciation and Interest costs as outlined in the Distribution System Code and authorize the collection of expansion deposit for exposure above $20,000 and effective January 1, 2019. Deferring implementation for 1 year (Jan 2018 to Jan 2019) December 2018 o A communication meeting was scheduled and well attended on December 5, 2018. o At this meeting the development community was encouraged to provide letters of comment directly to the THI Board. A number of Board members were also in attendance. The following letters were received and discussed at the January 2019 THI Board meeting (attached to this report): Development Committee Hayhoe Homes Oxnard Developments Tillsonburg District Chamber of Commerce o As discussed at the Developer meeting, Town staff contacted OEB staff to confirm THI’s understanding of the DSC guidelines relating to the EEM process. The email chain is provided in this report (OEB Staff Communications). January 2019 o The letters received were reviewed, discussed and the following resolution passed by THI Board on January 29, 2019: AND THAT the Board confirm that THI use the EEM process capturing total capital costs (developer and THI) and ongoing costs defined as Operating, Maintenance, Administration, Depreciation and Interest costs as outlined in the Distribution System Code effective January 1, 2019; AND THAT the expansion deposit collection be deferred until it is mandated by the regulator. Confirmed cost of EEM and implementation date, deferring deposit requirements. o A memo was provided to attendees from the Dec. 5, 2018 meeting providing the updated THI Board resolution (THI Board Decision Notice Memo, attached to this report). April 2019 o Further letters provided through Town Council April 8th agenda. o As part of the discussion at Town Council, it was requested that staff obtain what neighbouring LDCs are utilizing for ongoing incremental costs. o FINANCIAL IMPACT Page 80 of 474 Page 9 / 11 CAO To provide an example of the application of the previous and current Economic Evaluation Model as applied by THI, a sample subdivision has been created for demonstration purposes, utilizing the following assumptions: 100 Homes Electricity Infrastructure Capital = $450,000 5-year connection horizon (as allowed by OEB regulation) Revenue derived using current known distribution rates with expected GDP inflation Incremental Expenses (2 scenarios) o Historical Process – O&M costs @ $183 / customer / year o Current Policy – OMADI @ $432 / customer / year Net Present Value (NPV) (EEM) Output o Historical THI Capital = $348,750 (77.5%) Developer Capital = $112,500 (22.5%) o Current THI Capital = $55,350 (12.3%) Developer Capital = $394,650 (87.7%) At risk to THI is the recovery of the differential capital cost values (identified above at $293,400 being the difference from the historical THI Capital contribution to the Current THI Capital contribution) through distribution rates (annual depreciation expense) and on-going profit margin on the assets. Calculation of annual risk provided below: Depreciation Expenses - $293,400 (capital cost differential) / 50 (useful life) = $6,000 Profit Margin - $293,400 X 40% (deemed equity %) X 8.98% (approved Return %) = $10,500 Total Annual Risk = $16,500 The Annual Risk ($16,500) potential arises from not meeting OEB expectations (as delivered from OEB staff through email communication) and codes (DSC). As a regulated monopoly, THI periodically applies for a resetting of distribution rates to move to current expense portfolio and asset base. Through this process the OEB looks at the reasonability of all costs supplied through the hearing. If the OEB deems that THI did not follow the DSC, certain costs can be excluded from recovery from customers (e.g. $293,400), resulting in a downgrade of after tax net income, calculated above at $16,500. Note, this $16,500 Annual Risk Potential is per development per year (50 year exposure). Each development would have a cumulative impact to THI’s profitability (not discounted for time value of money) of $550,000 (declining balance of net fixed assets changes return value annually). If THI was found to be non-compliant for 2 years with 2 developments per year, this potential profit impact grows to over $2,200,000 over the 50 year life of the asset. OEB COMPLAINT PROCESS The regulatory process mandated by the OEB provides any customer of an LDC to submit an issue to the OEB through a complaint process. These complaints are handled by either OEB staff or by the OEB itself (depending on the severity and impact of the complaint). It is THI’s obligation to communicate this process to customers and this was done verbally through the December 5, 2018 session. The ultimate Page 81 of 474 Page 10 / 11 CAO decision on costs to be included in the Economic Evaluation Model belongs to the OEB and could be raised through the complaint process. CONCLUSION Staff has attempted to provide background material outlining the THI decision making process and the regulatory requirements the THI Board of Directors are required to follow. Staff has also provided some possible options for consideration but it is up to the Board of Directors to “govern and provide stewardship of the business affairs of THI”. In addition, the MOUD does provide the Town as shareholder and the Board of Directors of THI with the roles and responsibilities of each party to the agreement. Page 82 of 474 Page 11 / 11 CAO Report Approval Details Document Title: CAO 19-03 Tillsonburg Hydro System Expansion Charges.docx Attachments: - CAO 19-03 attachments.pdf Final Approval Date: Apr 17, 2019 This report and all of its attachments were approved and signed as outlined below: No Signature - Task assigned to David Calder was completed by workflow administrator Donna Wilson David Calder - Apr 17, 2019 - 4:22 PM Page 83 of 474 ONTARIO ENERGY BOARD Distribution System Code Last revised on March 15, 2018 (Originally Issued on July 14, 2000) Page 84 of 474 DISTRIBUTION SYSTEM CODE 2 Table of Contents 1 GENERAL AND ADMINISTRATIVE PROVISIONS.................................................. 7 1.1 THE PURPOSE OF THIS CODE ........................................................................................................... 7 1.2 DEFINITIONS .................................................................................................................................... 7 1.3 INTERPRETATION ........................................................................................................................... 19 1.4 TO WHOM THIS CODE APPLIES ...................................................................................................... 20 1.5 HIERARCHY OF CODES .................................................................................................................. 20 1.6 AMENDMENTS TO THIS CODE ......................................................................................................... 20 1.7 COMING INTO FORCE ..................................................................................................................... 20 1.8 REQUIREMENTS FOR BOARD APPROVALS ...................................................................................... 23 1.9 EXTENDED MEANING OF EMBEDDED GENERATION FACILITY ........................................................... 23 1.10 SEPARATE ACCOUNTS FOR EMBEDDED RETAIL GENERATORS ........................................................ 24 2 STANDARDS OF BUSINESS PRACTICE AND CONDUCT .................................... 25 2.1 DISTRIBUTOR-OWNED GENERATION FACILITIES .............................................................................. 25 2.2 LIABILITY ...................................................................................................................................... 25 2.3 FORCE MAJEURE .......................................................................................................................... 26 2.4 CONDITIONS OF SERVICE ............................................................................................................... 27 2.5 FREQUENCY AND NOTICE OF CUSTOMER RECLASSIFICATION AND NOTICE OF KVA BILLING ............. 40 2.6 BILL ISSUANCE AND PAYMENT ....................................................................................................... 41 2.7 ARREARS PAYMENT AGREEMENTS ................................................................................................ 44 2.8 OPENING AND CLOSING OF ACCOUNTS .......................................................................................... 49 Page 85 of 474 DISTRIBUTION SYSTEM CODE 3 2.9 USE OF LOAD CONTROL DEVICES .................................................................................................. 51 2.10 ESTIMATED BILLING ...................................................................................................................... 52 3 CONNECTIONS AND EXPANSIONS .......................................................................... 54 3.1 CONNECTIONS ............................................................................................................................... 54 3.2 EXPANSIONS ................................................................................................................................. 56 3.3 ENHANCEMENTS ............................................................................................................................ 70 3.4 RELOCATION OF PLANT ................................................................................................................. 72 4 OPERATIONS ................................................................................................................. 73 4.1 QUALITY OF SUPPLY...................................................................................................................... 73 4.2 DISCONNECTION AND RECONNECTION ............................................................................................ 74 4.3 UNAUTHORIZED ENERGY USE ........................................................................................................ 83 4.4 SYSTEM INSPECTION REQUIREMENTS AND MAINTENANCE ............................................................... 83 4.5 UNPLANNED OUTAGES AND EMERGENCY CONDITIONS.................................................................... 84 4.6 HEALTH AND SAFETY AND ENVIRONMENT ....................................................................................... 86 4.7 FARM STRAY VOLTAGE ................................................................................................................. 86 5 METERING ...................................................................................................................... 90 5.1 PROVISION OF METERS AND METERING SERVICES .......................................................................... 90 5.2 METERING REQUIREMENTS FOR GENERATING FACILITIES ............................................................... 91 5.3 VEE PROCESS .............................................................................................................................. 92 6 DISTRIBUTORS’ RESPONSIBILITIES ...................................................................... 96 6.1 RESPONSIBILITIES TO LOAD CUSTOMERS ....................................................................................... 96 Page 86 of 474 DISTRIBUTION SYSTEM CODE 4 6.2 RESPONSIBILITIES TO GENERATORS .............................................................................................. 97 6.3 RESPONSIBILITIES TO OTHER DISTRIBUTORS ................................................................................ 122 6.4 SHARING ARRANGEMENTS BETWEEN DISTRIBUTORS .................................................................... 123 6.5 LOAD TRANSFERS ....................................................................................................................... 124 6.6 PROVISION OF INFORMATION ........................................................................................................ 126 6.7 NET METERED GENERATORS ....................................................................................................... 127 6.8 CYBER SECURITY ........................................................................................................................ 128 7 SERVICE QUALITY REQUIREMENTS ................................................................... 129 7.1 DEFINITIONS ................................................................................................................................ 129 7.2 CONNECTION OF NEW SERVICES .................................................................................................. 130 7.3 APPOINTMENT SCHEDULING ........................................................................................................ 131 7.4 APPOINTMENTS MET ................................................................................................................... 132 7.5 RESCHEDULING A MISSED APPOINTMENT ..................................................................................... 133 7.6 TELEPHONE ACCESSIBILITY ......................................................................................................... 134 7.7 TELEPHONE CALL ABANDON RATE .............................................................................................. 134 7.8 WRITTEN RESPONSE TO ENQUIRES .............................................................................................. 134 7.9 EMERGENCY RESPONSE .............................................................................................................. 135 7.10 RECONNECTION STANDARDS ....................................................................................................... 135 7.11 BILLING ACCURACY .................................................................................................................... 136 8 REGIONAL PLANNING .............................................................................................. 137 8.1 DEFINITIONS ................................................................................................................................ 137 Page 87 of 474 DISTRIBUTION SYSTEM CODE 5 8.2 PARTICIPATION IN REGIONAL PLANNING ....................................................................................... 138 8.3 PROVISION OF AND REQUESTS FOR INFORMATION ........................................................................ 139 8.4 MONITORING AND REPORTING ..................................................................................................... 141 8.5 TRANSITION ................................................................................................................................ 141 8.6 CONTINUING OBLIGATIONS RE DISTRIBUTION SYSTEM .................................................................. 142 9 OESP ............................................................................................................................... 143 9.1 [REVOKED BY AMENDMENT, EFFECTIVE MAY 25, 2017.] ............................................................... 143 9.2 APPLICATION OF OESP RATE ASSISTANCE TO THE BILL .............................................................. 143 9.3 BILLING CORRECTIONS ................................................................................................................ 144 9.4 TECHNICAL AND ADMINISTRATIVE REQUIREMENTS OF THE CSP .................................................... 144 9.5 COMMUNICATIONS WITH CONSUMERS .......................................................................................... 144 9.6 SETTLEMENT ............................................................................................................................... 145 9.7 REPORTING REQUIREMENTS FOR EMBEDDED DISTRIBUTORS ........................................................ 145 Page 88 of 474 DISTRIBUTION SYSTEM CODE 6 APPENDICES APPENDIX A - Conditions of Service APPENDIX B - Methodology and Assumptions for an Economic Evaluation APPENDIX C - Minimum Inspection Requirements APPENDIX D - Information in a Connection Agreement with a Customer APPENDIX E - Contracts and Applications for Connecting a Generator to the Local Distribution System APPENDIX F - Process and Technical Requirements for Connecting Embedded Generation Facilities APPENDIX G - Process for Connecting another Distributor APPENDIX H - Farm Stray Voltage Distributor Investigation Procedure Page 89 of 474 Distribution System Code 7 1 GENERAL AND ADMINISTRATIVE PROVISIONS 1.1 The Purpose of this Code This Code sets the minimum conditions that a distributor must meet in carrying out its obligations to distribute electricity under its licence and the Energy Competition Act, 1998. Unless otherwise stated in the licence or Code, these conditions apply to all transactions and interactions between a distributor and all retailers, generators, distributors, transmitters and consumers of electricity who use the distributor’s distribution system. 1.2 Definitions In this Code: “Accounting Procedures Handbook” means the handbook approved by the Board and in effect at the relevant time, which specifies the accounting records, accounting principles and accounting separation standards to be followed by the distributor; “Act” means the Ontario Energy Board Act, 1998, S.O. 1998, C. 15, Schedule B; “Affiliate Relationships Code” means the code, approved by the Board and in effect at the relevant time, which among other things, establishes the standards and conditions for the interaction between electricity distributors or transmitters and their respective affiliated companies; “ancillary services” means services necessary to maintain the reliability of the IESO- controlled grid; including frequency control, voltage control, reactive power and operating reserve services; “bandwidth” means a distributor’s defined tolerance used to flag data for further scrutiny at the stage in the VEE process where a current reading is compared to a reading from an equivalent historical billing period. For example, a 30 percent bandwidth means a current reading that is either 30 percent lower or 30 percent higher than the Page 90 of 474 Distribution System Code 8 measurement from an equivalent historical billing period will be identified by the VEE process as requiring further scrutiny and verification; “Board” means the Ontario Energy Board; “business day” means any day that is not a Saturday, a Sunday, or a legal holiday in the Province of Ontario; “capacity allocation exempt small embedded generation facility” means an embedded generation facility which is not a micro-embedded generation facility and which has a name-plate rated capacity of 250 kW or less in the case of a facility connected to a less than 15 kV line and 500 kW or less in the case of a facility connected to a 15 kV or greater line; “Code” means the Distribution System Code; "competitive retailer" is a person who retails electricity to consumers who do not take Standard Supply Service ("SSS"); “complex metering installation” means a metering installation where instrument transformers, test blocks, recorders, pulse duplicators and multiple meters may be employed; “Conditions of Service” means the document developed by a distributor in accordance with subsection 2.4 of this Code that describes the operating practices and connection rules for the distributor; “connection” means the process of installing and activating connection assets in order to distribute electricity; “Connection Agreement” means an agreement entered into between a distributor and a person connected to its distribution system that delineates the conditions of the connection and delivery of electricity to or from that connection; Page 91 of 474 Distribution System Code 9 “connection assets” means that portion of the distribution system used to connect a customer to the existing main distribution system, and consists of the assets between the point of connection on a distributor’s main distribution system and the ownership demarcation point with that customer; “connection cost agreement” means the agreement referred to in section 6.2.18; “consumer” means a person who uses, for the person’s own consumption, electricity that the person did not generate; “CSP” means the centralized service provider engaged by the Board to administer the OESP on the Board’s behalf; “customer” means a person that has contracted for or intends to contract for connection of a building or an embedded generation facility. This includes developers of residential or commercial sub-divisions; “cyber security” means a body of technologies, processes, and practices designed to protect networks, computers, programs, data and personal information from attack, damage or unauthorized access. Cyber security includes electronic security and physical security issues as they relate to cyber security protection; “Cyber Security Framework” means the Ontario Cyber Security Framework that was issued December 20, 2017, or the current version of the document; “day” means a calendar day unless specifically stated otherwise; “demand meter” means a meter that measures a consumer’s peak usage during a specified period of time; “disconnection” means a deactivation of connection assets that results in cessation of distribution services to a consumer; Page 92 of 474 Distribution System Code 10 "disconnect/collect trip" is a visit to a customer's premises by an employee or agent of the distributor to demand payment of an outstanding amount or to shut off or limit distribution of electricity to the customer failing payment; “distribute”, with respect to electricity, means to convey electricity at voltages of 50 kilovolts or less; “distribution losses” means energy losses that result from the interaction of intrinsic characteristics of the distribution network such as electrical resistance with network voltages and current flows; “distribution loss factor” has the meaning described to it in the Retail Settlement Code; “distribution services” means services related to the distribution of electricity and the services the Board has required distributors to carry out; “distribution system” means a system for distributing electricity, and includes any structures, equipment or other things used for that purpose. A distribution system is comprised of the main system capable of distributing electricity to many customers and the connection assets used to connect a customer to the main distribution system; “Distribution System Code” means the code, approved by the Board, and in effect at the relevant time, which, among other things, establishes the obligations of a distributor with respect to the services and terms of service to be offered to customers and retailers and provides minimum technical operating standards of distribution systems; “distributor” means a person who owns or operates a distribution system; “Electricity Act” means the Electricity Act, 1998, S.O. 1998, c.15, Schedule A; “Electrical Safety Authority” or “ESA” means the person or body designated under the Electricity Act regulations as the Electrical Safety Authority; “eligible low-income customer” means: Page 93 of 474 Distribution System Code 11 (a) a residential electricity consumer who has been approved by the CSP for the OESP; or (b) a residential electricity consumer who has been approved by a LEAP Intake Agency for Emergency Financial Assistance; “embedded distributor” means a distributor who is not a wholesale market participant and that is provided electricity by a host distributor; “embedded generation facility” means a generation facility which is not directly connected to the IESO-controlled grid but instead is connected to a distribution system, and has the extended meaning given to it in section 1.9; “embedded retail generator” means a customer that: (a) is not a wholesale market participant or a net metered generator (as defined in section 6.7.1); (b) owns or operates an embedded generation facility, other than an emergency backup generation facility; and (c) sells output from the embedded generation facility to the Ontario Power Authority under contract or to a distributor; “embedded wholesale consumer” means a consumer who is a wholesale market participant whose facility is not directly connected to the IESO-controlled grid but is connected to a distribution system; “emergency” means any abnormal system condition that requires remedial action to prevent or limit loss of a distribution system or supply of electricity that could adversely affect the reliability of the electricity system; “emergency backup generation facility” means a generation facility that has a transfer switch that isolates it from a distribution system; “Emergency Financial Assistance” means emergency financial assistance under LEAP; Page 94 of 474 Distribution System Code 12 “Energy Competition Act” means the Energy Competition Act, 1998, S.O. 1998, c. 15; “enhancement” means a modification to the main distribution system that is made to improve system operating characteristics such as reliability or power quality or to relieve system capacity constraints resulting, for example, from general load growth, but does not include a renewable enabling improvement; “exempt distributor” means a distributor as defined in section 3 of the Act who is exempted from various requirements in the Act by Ontario Regulation 161/99; “expansion” means a modification or addition to the main distribution system in response to one or more requests for one or more additional customer connections that otherwise could not be made, for example, by increasing the length of the main distribution system, and includes the modifications or additions to the main distribution system identified in section 3.2.30 but in respect of a renewable energy generation facility excludes a renewable enabling improvement; “four-quadrant interval meter” means an interval meter that records power injected into a distribution system and the amount of electricity consumed by the customer; “generate”, with respect to electricity, means to produce electricity or provide ancillary services, other than ancillary services provided by a transmitter or distributor through the operation of a transmission or distribution system; “generation facility” means a facility for generating electricity or providing ancillary services, other than ancillary services provided by a transmitter or distributor through the operation of a transmission or distribution system, and includes any structures, equipment or other things used for that purpose; “generator” means a person who owns or operates a generation facility; “geographic distributor,” with respect to a load transfer, means the distributor that is licensed to service a load transfer customer and is responsible for connecting and billing the load transfer customer; Page 95 of 474 Distribution System Code 13 “good utility practice” means any of the practices, methods and acts engaged in or approved by a significant portion of the electric utility industry in North America during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good practices, reliability, safety and expedition. Good utility practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in North America; “holiday” means a Saturday, Sunday, statutory holiday, or any day as defined in the Province of Ontario as a legal holiday; “host distributor” means the distributor who provides electricity to an embedded distributor; “IESO” means the Independent Electricity System Operator continued under the Electricity Act. “IESO-controlled grid” means the transmission systems with respect to which, pursuant to agreements, the IESO has the authority to direct operations; “interval meter” means a meter that measures and records electricity use on an hourly or sub-hourly basis; “large embedded generation facility” means an embedded generation facility with a name-plate rated capacity of more than 10 MW; “LEAP” means the Low-Income Energy Assistance Program established by the Board; “LEAP Intake Agency” means a social service agency, municipality or government agency that assesses a residential electricity consumer’s eligibility for Emergency Financial Assistance; Page 96 of 474 Distribution System Code 14 “load control device” means a load limiter, timed load interrupter or similar device that limits or interrupts normal electricity service; “load displacement” means, in relation to a generation facility that is connected on the customer side of a connection point, that the output of the generation facility is used or intended to be used exclusively for the customer’s own consumption; “load limiter device” means a device that will allow a customer to run a small number of electrical items in his or her premises at any given time, and if the customer exceeds the limit of the load limiter, then the device will interrupt the power until it is reset; “load transfer” means a network supply point of one distributor that is supplied through the distribution network of another distributor and where this supply point is not considered a wholesale supply or bulk sale point; “load transfer customer” means a customer that is provided distribution services through a load transfer; “Market Rules” means the rules made under section 32 of the Electricity Act; “master consumer” means the exempt distributor or the person authorized by Ontario Regulation 389/10 to retain a unit smart meter provider for the prescribed property being served by the licensed distributor; “Measurement Canada” means the Special Operating Agency established in August 1996 by the Electricity and Gas Inspection Act, 1980-81-82-83, c. 87, and Electricity and Gas Inspection Regulations (SOR/86-131); “meter service provider” means any entity that performs metering services on behalf of a distributor or generator; “meter installation” means the meter and, if so equipped, the instrument transformers, wiring, test links, fuses, lamps, loss of potential alarms, meters, data recorders, telecommunication equipment and spin-off data facilities installed to measure power Page 97 of 474 Distribution System Code 15 past a meter point, provide remote access to the metered data and monitor the condition of the installed equipment; “metering services” means installation, testing, reading and maintenance of meters; “micro-embedded generation facility” means an embedded generation facility with a name-plate rated capacity of 10 kW or less; “mid-sized embedded generation facility” means an embedded generation facility with a name-plate rated capacity of 10 MW or less and: (a) more than 500 kW in the case of a facility connected to a less than 15 kV line; and (b) more than 1 MW in the case of a facility connected to a 15 kV or greater line; “MIST meter” means an interval meter from which data is obtained and validated within a designated settlement timeframe. MIST refers to “Metering Inside the Settlement Timeframe”; “MOST meter” means an interval meter from which data is only available outside of the designated settlement timeframe. MOST refers to “Metering Outside the Settlement Timeframe”; “OESP” means the Ontario Electricity Support Program established pursuant to section 79.2 of the Ontario Energy Board Act; “Ontario Electrical Safety Code” means the code adopted by O. Reg. 164/99 as the Electrical Safety Code; “Ontario Energy Board Act” means the Ontario Energy Board Act, 1998, S.O. 1998, c.15, Schedule B; “operational demarcation point” means the physical location at which a distributor’s responsibility for operational control of distribution equipment including connection assets ends at the customer; Page 98 of 474 Distribution System Code 16 “ownership demarcation point” means the physical location at which a distributor’s ownership of distribution equipment including connection assets ends at the customer; “performance standards” means the performance targets for the distribution and connection activities of the distributor as established by the Board pursuant to the Act and in the Rate Handbook; “physical distributor”, with respect to a load transfer, means the distributor that provides physical delivery of electricity to a load transfer customer, but is not responsible for connecting and billing the load transfer customer directly; “point of supply”, with respect to an embedded generation facility, means the connection point where electricity produced by the generation facility is injected into the distribution system; “prescribed property” means one of the properties or classes of property prescribed by Ontario Regulation 389/10; “rate” means any rate, charge or other consideration, and includes a penalty for late payment; “Rate Handbook” means the document approved by the Board that outlines the regulatory mechanisms that will be applied in the setting of distributor rates; “Regulations” means the regulations made under the Act or the Electricity Act; “renewable enabling improvement” means a modification or addition to the main distribution system identified in section 3.3.2 that is made to enable the main distribution system to accommodate generation from renewable energy generation facilities; “renewable energy expansion cost cap” means, in relation to a renewable energy generation facility, the dollar amount determined by multiplying the total name-plate rated capacity of the renewable energy generation facility referred to in section 6.2.9(a) (in MW) by $90,000, reduced where applicable in accordance with section 3.2.27A or section 3.2.27B; Page 99 of 474 Distribution System Code 17 “renewable energy generation facility” has the meaning given to it in the Act; “renewable energy source” has the meaning given to it in the Act; “retail”, with respect to electricity means, (a) to sell or offer to sell electricity to a consumer (b) to act as agent or broker for a retailer with respect to the sale or offering for sale of electricity, or (c) to act or offer to act as an agent or broker for a consumer with respect to the sale or offering for sale of electricity; “Retail Settlement Code” means the code approved by the Board and in effect at the relevant time, which, among other things, establishes a distributor’s obligations and responsibilities associated with financial settlement among retailers and customers and provides for tracking and facilitating customer transfers among competitive retailers; “retailer” means a person who retails electricity; “service area”, with respect to a distributor, means the area in which the distributor is authorized by its license to distribute electricity; “small embedded generation facility” means an embedded generation facility which is not a micro-embedded generation facility with a name-plate rated capacity of 500 kW or less in the case of a facility connected to a less than 15 kV line and 1MW or less in the case of a facility connected to a 15 kV or greater line; “smart meter” means a meter that is part of an advanced metering infrastructure that meets the functional specification referenced in the Criteria and Requirements for Meters and Metering Equipment, Systems and Technology Regulation, O. Reg. 425/06; “total losses” means the sum of distribution losses and unaccounted for energy; Page 100 of 474 Distribution System Code 18 “timed load interrupter device” means a device that will completely interrupt the customer’s electricity intermittently for periods of time and allows full load capacity outside of the time periods that the electricity is interrupted; “transmission system” means a system for transmitting electricity, and includes any structures, equipment or other things used for that purpose; “Transmission System Code” means the code, approved by the Board, that is in force at the relevant time, which regulates the financial and information obligations of the Transmitter with respect to its relationship with customers, as well as establishing the standards for connection of customers to, and expansion of a transmission system; “transmit”, with respect to electricity, means to convey electricity at voltages of more than 50 kilovolts; “transmitter” means a person who owns or operates a transmission system; “unaccounted for energy” means all energy losses that cannot be attributed to distribution losses. These include measurement error, errors in estimates of distribution losses and unmetered loads, energy theft and non-attributable billing errors; "unit smart meter" has the meaning ascribed to it in the Energy Consumer Protection Act, 2010; "unit smart meter provider" has the meaning ascribed to it in the Energy Consumer Protection Act, 2010; “unmetered loads” means electricity consumption that is not metered and is billed based on estimated usage; “validating, estimating and editing” or “VEE” means the process used to validate, estimate and edit raw metering data to produce final metering data or to replicate missing metering data for settlement purposes; Page 101 of 474 Distribution System Code 19 “wholesale buyer” means a person that purchases electricity or ancillary services in the IESO-administered markets or directly from a generator; “wholesale market participant”, means a person that sells or purchases electricity or ancillary services through the IESO-administered markets; and “wholesale supplier” means a person who sells electricity or ancillary services through the IESO-administered markets or directly to another person, other than a consumer. 1.3 Interpretation 1.3.1 Unless otherwise defined in this Code, words and phrases shall have the meaning ascribed to them in the Act, or the Electricity Act, as the case may be. Headings are for convenience only and shall not affect the interpretation of this Code. Words importing the singular include the plural and vice versa. A reference to a document or a provision of a document includes any amendment or supplement to, or any replacement of, that document or that provision of that document. An event that is required under this Code to occur on or by a stipulated day which is a holiday may occur on or by the next day, that is not holiday. 1.3.2 For the purposes of the definition of “eligible low-income customer” in section 1.2 of this Code, a residential electricity customer becomes an eligible low-income customer on the day the customer is approved for Emergency Financial Assistance or the OESP, and remains an eligible low-income customer until the later of the following days: (a) the day that is two years from the day the customer is approved for Emergency Financial Assistance, and (b) the day that the customer stops receiving assistance under the OESP. 1.3.3 [Revoked by amendment, effective October 8, 2015.] Page 102 of 474 Distribution System Code 20 1.4 To Whom this Code Applies This Code applies to all electricity distributors licensed by the Ontario Energy Board under Part V of the Ontario Energy Board Act. These entities are obligated to comply with the Code as a condition of their licence. 1.5 Hierarchy of Codes The order of hierarchy for the Distribution System Code in relation to other codes, subject to any specific conditions of a licence that apply to the distributor, are as follows: 1. Affiliate Relationships Code 2. Distribution System Code 3. Retail Settlement Code 4. Standard Supply Service Code 1.6 Amendments to this Code This Code may be amended only in accordance with the procedures set out by the Board in the licence issued to a distributor. 1.7 Coming into Force This Code comes into force on the day subsection 26(1) of the Electricity Act comes into force with the following exception. Any amendments to this Code shall come into force on the date the Board publishes the amendments by placing them on the Board’s website after they have been made by the Board, except where expressly provided otherwise. All of Chapter 3, Connections and Expansions and Subsection 6.2.3 of Section 6.2, Responsibilities to Generators come into force on September 29, 2000. These Page 103 of 474 Distribution System Code 21 provisions do not apply to projects that are the subject of an agreement entered into before November 1, 2000. The amendments to this Code made by the Board on December 19, 2003 come into effect on March 22, 2004. [Note: Primarily section 6.2. Appendix E and F were also replaced.] Sections 2.4.6.1, 2.4.6.2 and 2.4.9 to 2.4.28 come into force on the day that is 6 months after these sections are published on the Board’s website after having been made by the Board. [Note: These sections were published on February 3, 2004.] The amendments to this Code made by the Board February 24, 2005 will come into effect 90 days after this date. Section 6.7 of the Code and the amendment to section 4.2 of the “Micro-Embedded Generation Facility Connection Agreement” in Appendix F of the Code, made by the Board on February 1, 2006 come into force on February 10, 2006. Sections 2.4.30 and 2.4.31 of the Code, made by the Board on May 12, 2006, come into force on the day that is ninety days after they are published on the Board’s website after having been made by the Board. [Note: These sections were published on May 12, 2006.] The amendments to this Code made by the Board on July 27, 2006, will come into effect 180 days after that date. The amendments will only apply to expansions where the distributor's initial offer to connect the customer and build the expansion, as set out in sections 3.2.8 and 3.2.9, occurs on or after the date the amendments come into force. All of section 7, Service Quality Requirements, comes into force on January 1, 2009 with the exception of section 7.10. Section 2.5.6 comes into force on January 1, 2010. Section 4.7 and Appendix H come into force on the day that is 90 days from the date on which they are published on the Board’s website after having been made by the Board. Page 104 of 474 Distribution System Code 22 [Note: Section 4.7 and Appendix H were published on the Board’s website on June 16, 2009.] The amendments to sections 2.7.1 to 2.7.5, and 4.2.2.6 and 4.2.2.7, come into force on October 1, 2010. The amendments to sections 2.4.10, 2.4.17, 2.4.20A, 2.4.22A, 2.4.23A, 2.4.25A, 2.4.26A, 2.4.26B, 2.6.1 to 2.6.7, 4.2.2 to 4.2.2.5, 4.2.3, 4.2.5 and 7.10.1 to 7.10.2 come into force on January 1, 2011. The amendments to sections 1.2 (namely the addition of the definitions for “exempt distributor”, “master consumer”, “prescribed property”, “unit smart meter”, and “unit smart metering”), 5.1.7, 5.1.9, and 5.3.13, made by the Board on December 16, 2010, come into force on January 1, 2011. The further revisions to sections 1.2 (definition of “Conditions of Service”), 2.4.10, 2.6.6.3(b), 4.2.2 and 4.2.2.1 come into force on February 7, 2011. The amendments to sections 2.7, 2.8.1 to 2.8.5, and 6.1.2, come into force on April 1, 2011. The amendment to section 2.9.2 comes into force on April 1, 2011. The amendments to sections 2.6.6.2A, 2.6.6.2B, 2.6.6.3(c), 2.7.4, 2.7.4.4, 2.7.7, 4.2.2(k) and 4.2.2.4(f) come into force on April 1, 2011. The amendments to sections 2.7.1A, 2.7.8, 3.1.1(g), 4.2.2.6, 4.2.2.7, 4.2.6 and 7.10(1)(b) come into force on April 1, 2011. The amendments to sections 1.2 (definitions of “load limiter device”, “timed load interrupter device” and “load control device”), 2.9 and 4.2.2(k2) come into force on July 1, 2011. The amendments to sections 1.2 (definitions of “eligible low-income customer”, “Emergency Financial Assistance” and “Social Service Agency or Government Agency”), Page 105 of 474 Distribution System Code 23 1.3.1, 1.3.2, 1.3.3, 2.4.11(c), 2.4.11.1, 2.4.11.2, 2.4.23B, 2.4.23C, 2.7.1.3, 2.7.2(c) to (e), 2.7.4.3, 2.7.5.1, 2.7.6, 2.7.6A, 2.9.2, 4.2.2(k1) and 4.2.2.4(f1) come into force on October 1, 2011. All of section 8, Regional Planning, comes into force on August 26, 2013. The amendments to section 5.1.3 come into force on August 21, 2014. The amendments to section 2.4.6 regarding unmetered load customers come into force on January 1, 2015. The amendments to sections 6.5.3 through 6.5.6 come into force on December 21, 2015. Section 2.6.1A comes into force on December 31, 2016. The amendment to delete section 5.4 comes into force on May 18, 2017. The amendment to section 6.7.3 comes into force on July 1, 2017. The amendments to section 1.2 (definitions of “cyber security” and “Cyber Security Framework”) and all of section 6.8 come into force on March 15, 2018. 1.8 Requirements for Board Approvals Any matter under this Code requiring a determination of the Board may be determined by the Board without a hearing or through an oral, written or electronic hearing, at the Board’s discretion. 1.9 Extended Meaning of Embedded Generation Facility A distributor shall, for all purposes under this Code, treat a generation facility that is connected on the customer side of a connection point to the distribution system as an embedded generation facility. To that end: Page 106 of 474 Distribution System Code 24 (a) the terms “connect”, “connected” and “connection” when used in relation to such a generation facility shall be interpreted accordingly; and (b) the distributor shall treat the owner or operator of the generation facility as a generator in relation to the connection and operation of that generation facility. 1.10 Separate Accounts for Embedded Retail Generators Where an embedded retail generator that has a contract issued under the feed-in-tariff program referred to in section 25.35 of the Electricity Act is connected on the customer side of a connection point (as set out in section 1.9), the distributor shall open a separate account for the embedded retail generator and shall for settlement purposes treat the embedded retail generator as a separate customer, separate and apart from any associated load customer. This rule applies regardless of the electrical configuration of the load and generation meters and regardless of whether the embedded retail generator and the associate load customer are the same person or entity. Page 107 of 474 Distribution System Code 25 2 STANDARDS OF BUSINESS PRACTICE AND CONDUCT 2.1 Distributor-owned Generation Facilities Except as otherwise expressly provided in its licence or this Code, a distributor shall not, in respect of any matter addressed in or under this Code, provide favoured treatment or preferential access to the distributor’s distribution system or the distributor’s services for any generation facilities whether owned by the distributor, an affiliate or another third party. 2.2 Liability 2.2.1 A distributor shall only be liable to a customer and a customer shall only be liable to a distributor for any damages which arise directly out of the willful misconduct or negligence: 1. Of the distributor in providing distribution services to the customer; 2. Of the customer in being connected to the distributor’s distribution system; or 3. Of the distributor or customer in meeting their respective obligations under this Code, their licences and any other applicable law. 2.2.2 Despite section 2.2.1; neither the distributor nor the customer shall be liable under any circumstances whatsoever for any loss of profits or revenues, business interruption losses, loss of contract or loss of goodwill, or for any indirect, consequential, incidental or special damages, including but not limited to punitive or exemplary damages, whether any of the said liability, loss or damages arise in contract, tort or otherwise. Page 108 of 474 Distribution System Code 26 2.3 Force Majeure 2.3.1 Neither party shall be held to have committed an event of default in respect of any obligation under this Code if prevented from performing that obligation, in whole or in part, because of a force majeure event. 2.3.2 If a force majeure event prevents a party from performing any of its obligations under this Code and the applicable Connection Agreement, that party shall: 1. Promptly notify the other party of the force majeure event and its assessment in good faith of the effect that the event will have on its ability to perform any of its obligations. If the immediate notice is not in writing, it shall be confirmed in writing as soon as reasonably practicable. 2. Not be entitled to suspend performance of any of its obligations under this Code to any greater extent or for any longer time than the force majeure event requires it to do; 3. Use its best efforts to mitigate the effects of the force majeure event, remedy its inability to perform, and resume full performance of its obligations; 4. Keep the other party continually informed of its efforts; and 5. Provide written notice to the other party when it resumes performance of any obligations affected by the force majeure event. 2.3.3 Notwithstanding any of the foregoing, settlement of any strike, lockout, or labor dispute constituting a force majeure event shall be within the sole discretion of the party to the agreement involved in the strike, lockout, or labour dispute. The requirement that a party must use its best efforts to remedy the cause of the force majeure event, mitigate its effects, and resume full performance under this Code shall not apply to strikes, lockouts, or labour disputes Page 109 of 474 Distribution System Code 27 2.4 Conditions of Service 2.4.1 A distributor shall document its Conditions of Service that describe the operating practices and connection policies of the distributor. All distributors shall have a Conditions of Service. Subject to this Code and other applicable laws, a distributor shall comply with its Conditions of Service but may waive a provision of its Conditions of Service in favour of a customer or potential customer. 2.4.2 A distributor shall file a copy of its Conditions of Service with the Board, make its Conditions of Service publicly available and provide a copy to any person requesting it. A distributor shall provide one copy per revision for each person that requests it. 2.4.3 A distributor’s existing Conditions of Service will be deemed to meet the standards set out in this Code for a period of one year following the coming into force of this Code, after which point the distributor must comply. 2.4.4 Note: Section 2.4.4 revoked by amendment, effective March 22, 2004. 2.4.5 A distributor’s Conditions of Service may be subject to review as part of the distributor’s performance based rates plan. 2.4.6 A distributor’s Conditions of Service shall include, at a minimum, a description of the following: The types of connection service performed by the distributor for each customer class, and the conditions under which these connections will be performed (connection policy). The distributor’s basic connection service that is recovered through its revenue requirements and does not require a variable connection charge. The distributor’s capital contribution policy by customer class for an offer to connect, including procedures for collection of capital contributions. Page 110 of 474 Distribution System Code 28 The demarcation point at which the distributor’s operational responsibilities for distribution equipment end at the customer. The demarcation point at which the distributor’s ownership of distribution equipment ends at the customer. The billing cycle period and payment requirements by customer class. Design requirements for connection to the distribution system. Voltages at which the distributor provides electricity and corresponding load thresholds. Type of meters provided by the distributor. Meters required by customer class. Quality of Service standards to which the distribution system is designed and operated. Conditions under which supply may be unreliable or intermittent. Conditions under which service may be interrupted. Conditions under which the distributor may disconnect a consumer. Policies for planned interruptions. The business process the distributor uses to disconnect and reconnect consumers, including means of notification and timing. The distributor’s rights and obligations with respect to a customer. Rights and obligations a consumer or embedded generator has with respect to the distributor. Page 111 of 474 Distribution System Code 29 The distributor’s liability limitations in accordance with this Code. The distributor’s dispute resolution procedure. Terms and conditions under which the distributor provides other services in its capacity as a distributor. The following items in relation to unmetered load customers: the rights and obligations an unmetered load customer has with respect to the distributor and the rights and obligations a distributor has with respect to an unmetered load customer; the process an unmetered load customer must use to file its updated data with its distributor and what evidence is necessary for the distributor to validate the data; the process the distributor will use to update the bills for an unmetered load customer; and the process the distributor will use to communicate and engage with unmetered load customers in relation to the preparation of cost allocation studies, load profile studies or other rate-related materials that may materially impact unmetered load customers. The business practices the distributor uses to estimate bills where no metered consumption is available. The conditions of service must be consistent with the provisions of this Code and all other applicable codes and legislation including the Rate Handbook. 2.4.6.1 A distributor’s Conditions of Service shall include the distributor’s security deposit policy which shall be consistent with the provisions of this Code. A distributor’s security deposit policy shall include at a minimum the following: a list of all potential types/forms of security accepted; Page 112 of 474 Distribution System Code 30 a detailed description of how the amount of security is calculated; limits on amount of security required; the planned frequency, process and timing for updating security; criteria customers must meet to have security deposit waived and/or returned; and methods of enforcement where a security deposit is not paid. 2.4.6.2 In managing customer non-payment risk, a distributor shall not discriminate among customers with similar risk profiles or risk related factors except where expressly permitted under this Code. 2.4.7 If a distributor’s Conditions of Service are documented in a form or in an order different than that specified in the generic Conditions of Service attached to this Code as Appendix A, the distributor shall provide a mapping of terms in its Conditions of Service to the sections and subsections in Appendix A. 2.4.8 A distributor shall provide advance public notice of any changes to its Conditions of Service. Notice shall be, at a minimum, provided to each customer by means of a note on and/or included with the customer’s bill. The public notice shall include a proposed timeline for implementation of the new Conditions of Service and a means by which public comment may be provided. A distributor shall provide the Board with a copy of the new Conditions of Service once they are implemented. The copy of the revised document shall include a cover letter that outlines the changes from the prior document, as well as a summary of any public comments on the changes. 2.4.9 A distributor may require a security deposit from a customer who is not billed by a competitive retailer under retailer-consolidated billing unless the customer has a good payment history of 1 year in the case of a residential customer, 5 years in the case of a non-residential customer in a <50 kW demand rate class or 7 years in the case of a non-residential customer in any other rate class. The time period Page 113 of 474 Distribution System Code 31 that makes up the good payment history must be the most recent period of time and some of the time period must have occurred in the previous 24 months. A distributor shall provide a customer with the specific reasons for requiring a security deposit from the customer. 2.4.10 For the purposes of section 2.4.9, a customer is deemed to have a good payment history unless, during the relevant time period set out in section 2.4.9, the customer has received more than one disconnection notice from the distributor, more than one cheque given to the distributor by the customer has been returned for insufficient funds, more than one pre-authorized payment to the distributor has been returned for insufficient funds, a disconnect / collect trip has occurred or the distributor had to apply a security deposit in accordance with section 2.4.26A and required the customer to repay the security deposit in accordance with section 2.4.26B. If any of the preceding events occur due to an error by the distributor, the customer’s good payment history shall not be affected. 2.4.11 Despite section 2.4.9, a distributor shall not require a security deposit where: (a) a customer provides a letter from another distributor or gas distributor in Canada confirming a good payment history with that distributor for the most recent relevant time period set out in section 2.4.9 where some of the time period which makes up the good payment history has occurred in the previous 24 months; (b) a customer, other than a customer in a >5000 kW demand rate class, provides a satisfactory credit check made at the customer’s expense; or (c) an eligible low-income customer has requested a waiver under section 2.4.11.1. 2.4.11.1 When issuing a bill for a security deposit in accordance with section 2.4.9, the distributor shall advise a residential customer that the security deposit requirement will be waived for an eligible low-income customer upon request. The distributor shall notify the customer by means of a bill insert, bill message, Page 114 of 474 Distribution System Code 32 letter or outgoing telephone message and shall include the distributor’s contact information where the customer can obtain further information and a referral to a LEAP Intake Agency to review the customer’s low-income eligibility. 2.4.11.2 Where a distributor is advised by a LEAP Intake Agency that the agency is assessing the customer for eligibility as a low-income customer, the due date for payment of the security deposit shall be extended for at least 21 days pending the eligibility decision of the LEAP Intake Agency. 2.4.12 The maximum amount of a security deposit which a distributor may require a customer to pay shall be calculated in the following manner: billing cycle factor x estimated bill based on the customer’s average monthly load with the distributor during the most recent 12 consecutive months within the past two years Where relevant usage information is not available for the customer for 12 consecutive months within the past two years or where the distributor does not have systems capable of making the above calculation, the customer’s average monthly load shall be based on a reasonable estimate made by the distributor. 2.4.13 Despite section 2.4.12, where a non-residential customer in any rate class other than a < 50 kW demand rate class has a credit rating from a recognized credit rating agency, the maximum amount of a security deposit which the distributor may require the non-residential customer to pay shall be reduced in accordance with the following table: Page 115 of 474 Distribution System Code 33 Credit Rating (Using Standard and Poor's Rating Terminology) Allowable Reduction in Security Deposit AAA- and above or equivalent 100% AA-, AA, AA+ or equivalent 95% A-,From A, A+ to below AA or equivalent 85% BBB-,From BBB, BBB+ to below A or equivalent 75% Below BBB- or equivalent 0% 2.4.14 For the purposes of calculating the estimated bill under section 2.4.12 for a low- volume consumer or designated consumer who is billed under SSS or distributor- consolidated billing, the price estimate used in calculating competitive electricity costs shall be the same as the price used by the IESO for the purpose of determining maximum net exposures and prudential support obligations for distributors, low-volume consumers and designated consumers. For the purpose of calculating the estimated bill under section 2.4.12 for all other customers billed under SSS or distributor-consolidated billing, the price estimate used in calculating competitive electricity costs shall be the same as the price used by the IESO for the purpose of determining maximum net exposures and prudential support obligations for market participants other than distributors, low-volume consumers and designated consumers. Page 116 of 474 Distribution System Code 34 2.4.15 Subject to section 2.4.6.2, a distributor may in its discretion reduce the amount of a security deposit which it requires a customer to pay for any reason including where the customer pays under an interim payment arrangement and where the customer makes pre-authorized payments. 2.4.16 For the purposes of sections 2.4.12, the billing cycle factor is 2.5 if the customer is billed monthly, 1.75 if the customer is billed bi-monthly and 1.5 if the customer is billed quarterly. 2.4.17 Where a customer, other than a residential electricity customer, has a payment history which discloses more than one disconnection notice in a relevant 12 month period, the distributor may use that customer’s highest actual or estimated monthly load for the most recent 12 consecutive months within the past 2 years for the purposes of making the calculation of the maximum amount of security deposit under section 2.4.12. 2.4.18 The form of payment of a security deposit for a residential customer shall be cash or cheque at the discretion of the customer or such other form as is acceptable to the distributor. 2.4.19 The form of payment of a security deposit for a non-residential customer shall be cash, cheque or an automatically renewing, irrevocable letter of credit from a bank as defined in the Bank Act, 1991, c.46 at the discretion of the customer. The distributor may also accept other forms of security such as surety bonds and third party guarantees. 2.4.20 A distributor shall permit the customer to provide a security deposit in equal installments paid over at least four months. A customer may, in its discretion, choose to pay the security deposit over a shorter time period. 2.4.20A Despite section 2.4.20, a distributor shall permit a residential customer to provide a security deposit in equal installments paid over a period of at least 6 months, including where a new security deposit is required due to the distributor having applied the existing security deposit against amounts owing under section Page 117 of 474 Distribution System Code 35 2.4.26A. A customer may elect to pay the security deposit over a shorter period of time. 2.4.21 Interest shall accrue monthly on security deposits made by way of cash or cheque commencing on receipt of the total deposit required by the distributor. The interest rate shall be at the Prime Business Rate as published on the Bank of Canada website less 2 percent, updated quarterly. The interest accrued shall be paid out at least once every 12 months or on return or application of the security deposit or closure of the account, whichever comes first, and may be paid by crediting the account of the customer or otherwise. 2.4.22 A distributor shall review every customer’s security deposit at least once in a calendar year to determine whether the entire amount of the security deposit is to be returned to the customer as the customer is now in a position that it would be exempt from paying a security deposit under section 2.4.9 or 2.4.11 had it not already paid a security deposit or whether the amount of the security deposit is to be adjusted based on a re-calculation of the maximum amount of the security deposit under section 2.4.12 or 2.4.13. 2.4.22A For the purposes of section 2.4.22, where a residential customer has paid a security deposit in installments, a distributor shall conduct a review of the customer’s security deposit in the calendar year in which the anniversary of the first installment occurs and thereafter at the next review as required by this Code. 2.4.23 A customer may, no earlier than 12 months after the payment of a security deposit or the making of a prior demand for a review, demand in writing that a distributor undertake a review to determine whether the entire amount of the security deposit is to be returned to the customer as the customer is now in a position that it would be exempt from paying a security deposit under section 2.4.9 or 2.4.11 had it not already paid a security deposit or whether the amount of the security deposit is to be adjusted based on a re-calculation of the maximum amount of the security deposit under section 2.4.12 or 2.4.13. Page 118 of 474 Distribution System Code 36 2.4.23A For the purposes of section 2.4.23, where a residential customer has paid a security deposit in installments, the customer shall not be entitled to request a review of the security deposit until 12 months after the first installment was paid. 2.4.23B A distributor shall give notice to all residential customers, at least annually, that any residential customer that qualifies as an eligible low-income customer may request and receive a refund of any security deposit previously paid to the distributor by the customer, after application of the security deposit to any outstanding arrears on the customer’s account. 2.4.23C Where an eligible low-income customer requests refund of a security deposit previously paid to a distributor by the customer, the distributor shall advise the customer within 10 days of the request that the balance remaining after application of the security deposit to any outstanding arrears will be credited to his or her account where the remaining amount is less than one month’s average billing or, where the remaining amount is equal to or greater than one month’s average billing, the customer may elect to receive the refund by cheque and the distributor shall issue a cheque within 11 days of the customer requesting payment by cheque. 2.4.24 Despite section 2.4.22, a distributor is not required to review a security deposit paid prior to February 2, 2004 during the calendar year 2004. Despite section 2.4.23, a customer may not demand a review of a security deposit paid prior to February 2, 2004 until February 1, 2005. 2.4.25 Where the distributor determines in conducting a review under section 2.4.22 or 2.4.23 that some or all of the security deposit is to be returned to the customer, the distributor shall promptly return this amount to the customer by crediting the customer’s account or otherwise. Despite sections 2.4.22 and 2.4.23, in the case of a customer in a > 5000 kW demand rate class, where the customer is now in a position that it would be exempt from paying a security deposit under section 2.4.9 or 2.4.11 had it not already paid a security deposit, the distributor is only required to return 50% of the security deposit held by the distributor. Despite section 2.4.20, where the distributor determines in conducting a review under Page 119 of 474 Distribution System Code 37 section 2.4.22 or 2.4.23 that the maximum amount of the security deposit is to be adjusted upward, the distributor may require the customer to pay this additional amount at the same time as that customer’s next regular bill comes due. 2.4.25A Despite section 2.4.25, where a residential electricity customer is required to adjust the security deposit upwards, a distributor shall permit the customer to pay the adjustment amount in equal installments paid over a period of at least 6 months. A customer may elect to pay the security deposit over a shorter period of time. 2.4.26 A distributor shall promptly return any security deposit received from the customer upon closure of the customer’s account, subject to the distributor’s right to use the security deposit to set off other amounts owing by the customer to the distributor. The security deposit shall be returned within six weeks of the closure of an account. 2.4.26A A distributor shall not issue a disconnection notice to a residential customer for non-payment unless the distributor has first applied any security deposit held on account for the customer against any amounts owing at that time and the security deposit was insufficient to cover the total amount owing. 2.4.26B Where a distributor applies all or part of a security deposit to offset amounts owing by a residential customer under section 2.4.26A, the distributor may request that the customer repay the amount of the security deposit that was so applied. The distributor shall allow the residential customer to repay the security deposit in installments in accordance with section 2.4.20A. 2.4.27 A distributor shall apply a security deposit to the final bill prior to the change in service where a customer changes from SSS to a competitive retailer that uses retailer-consolidated billing or a customer changes billing options from distributor- consolidated billing to split billing or retailer-consolidated billing. A distributor shall promptly return any remaining amount of the security deposit to the customer. A distributor shall not pay any portion of a customer’s security deposit to a competitive retailer. Where a change is made from distributor-consolidated Page 120 of 474 Distribution System Code 38 billing to split billing, a distributor may retain a portion of the security deposit amount that reflects the non-payment risk associated with the new billing option. 2.4.28 Despite sections 2.4.22, 2.4.23, 2.4.25, 2.4.26 and 2.4.27, where all or part of a security deposit has been paid by a third party on behalf of a customer, the distributor shall return the amount of the security deposit paid by the third party, including interest, where applicable, to the third party. This obligation shall apply where and to the extent that: the third party paid all or part (as applicable) of the security deposit directly to the distributor; the third party has requested, at the time the security deposit was paid or within a reasonable time thereafter, that the distributor return all or part (as applicable) of the security deposit to it rather than to the customer; and there is not then any amount overdue for payment by the customer that the distributor is permitted by this Code to offset using the security deposit. 2.4.29 For the purposes of sections 2.4.9 and 2.4.18, the following customers shall be deemed to be residential customers: (a) seasonal customers who are not classified as general service customers; and (b) customers of a distributor with a farm rate class who have farms with a dwelling that is occupied as a residence continuously for at least 8 months of the year, where the customer has a < 50 kW demand. 2.4.30 A customer that is a corporation within the meaning of the Condominium Act, 1998 who has an account with a distributor that: (a) relates to a property defined in the Condominium Act, 1998 and comprised predominantly of units that are used for residential purposes; and (b) relates to more than one unit in the property, Page 121 of 474 Distribution System Code 39 shall be deemed to be a residential customer for the purposes of sections 2.4.9 and 2.4.18 provided that the customer has filed with the distributor a declaration in a form approved by the Board attesting to the customer’s status as a corporation within the meaning of the Condominium Act, 1998. 2.4.31 Sections 2.4.22 and 2.4.23 shall be applied on the basis that a customer referred to in section 2.4.30 is a residential customer even if the customer paid the security deposit prior to the date on which section 2.4.30 came into force. 2.4.32 Despite any other provision of this Code and despite the billing cycle that would otherwise be applicable based on the distributor’s normal practice as documented in its Conditions of Service, in managing customer non-payment risk a distributor may: (a) bill a customer on a bi-weekly basis, if the value of that customer’s electricity bill over 12 consecutive months falls between 51% and 100% of the distributor’s approved distribution revenue requirement over that 12-month period; or (b) bill a customer on a weekly basis, if the value of that customer’s electricity bill over 12 consecutive months exceeds 100% of the distributor’s approved distribution revenue requirement over that 12-month period. For the purposes of determining whether this section applies in relation to a customer, a distributor may consider the value of the customer’s electricity bill in the 12-month period preceding the coming into force of this section. 2.4.33 A distributor shall not bill a customer in accordance with section 2.4.32 unless the distributor has given the customer at least 42 days’ notice before issuance of the first bi-weekly or weekly bill, as the case may be. 2.4.34 Where a distributor is billing a customer in accordance with section 2.4.32 or section 2.4.36, the distributor shall resume billing the customer in accordance with the billing cycle that would otherwise be applicable based on the distributor’s Page 122 of 474 Distribution System Code 40 normal practice as documented in its Conditions of Service if the value of that customer’s annual electricity bill over 12 consecutive months falls below 51% of the distributor’s distribution revenue over that 12-month period. 2.4.35 Where a distributor is billing a customer in accordance with section 2.4.32(b), the distributor shall bill the customer as follows if the value of that customer’s annual electricity bill over 12 consecutive months falls between 51% and 100% of the distributor’s distribution revenue over that 12-month period: (a) in accordance with the billing cycle that would otherwise be applicable based on the distributor’s normal practice as documented in its Conditions of Service; or (b) in accordance with section 2.4.32(a) or section 2.4.36. 2.4.36 Despite any other provision of this Code, a distributor that intends to bill or is billing a customer in accordance with section 2.4.32 may, in lieu of such billing, negotiate alternative arrangements with the customer, including in relation to a lesser frequency of billing or in relation to the giving or retention of security deposits. 2.5 Frequency and Notice of Customer Reclassification and Notice of kVA Billing 2.5.1 A distributor shall, at least once in each calendar year, review each non- residential customer’s rate classification to determine whether, based on the rate classification requirements set out in the distributor’s rate order, the customer should be assigned to a different rate class. Subject to section 2.5.3, other than at the request of the non-residential customer a distributor may not change a non- residential customer’s rate classification more than once in any calendar year. 2.5.2 A distributor shall review a non-residential customer’s rate classification upon being requested to do so by the customer to determine whether, based on the rate classification requirements set out in the distributor’s rate order, the customer Page 123 of 474 Distribution System Code 41 should be assigned to a different rate class. Subject to section 2.5.4, a distributor is not required to respond to more than one such customer request in any calendar year. 2.5.3 A distributor may review a non-residential customer’s rate classification at any time if the customer’s demand falls outside the upper or lower limits applicable to the customer’s current rate classification for a period of five consecutive months. 2.5.4 A distributor shall review a non-residential customer’s rate classification upon being requested to do so by the customer at any time if the customer’s demand falls outside the upper or lower limits applicable to the customer’s current rate classification for a period of five consecutive months. 2.5.5 Where a distributor assigns a non-residential customer to a different rate class as a result of a review initiated by the distributor, the distributor shall give the customer written notice of the reclassification no less than one billing cycle before the reclassification takes effect for billing purposes. 2.5.6 A distributor that charges a non-residential customer on the basis of 90% of the kVA reading of the customer’s meter rather than on the basis of the kW reading of the customer’s reading shall include on all bills issued to that customer a message to the effect that billing is based on 90% of the kVA reading. 2.6 Bill Issuance and Payment 2.6.1 A distributor shall include on each bill issued to a customer the date on which the bill is printed. 2.6.1A A distributor shall issue a bill to each non-seasonal residential customer and each general service < 50kW customer on a monthly basis. 2.6.2 Except as otherwise permitted by this Code, a distributor shall not treat a bill issued to a customer as unpaid, and shall not impose any late payment or other charges associated with non-payment, until the applicable minimum payment period set out in section 2.6.3 has elapsed. Page 124 of 474 Distribution System Code 42 2.6.3 For the purposes of section 2.6.2, the minimum payment period shall be 16 days from the date on which the bill was issued to the customer. A distributor may provide for longer minimum payment periods, provided that any such longer minimum payment periods are documented in the distributor’s Conditions of Service. 2.6.4 For the purposes of section 2.6.3, a bill will be deemed to have been issued to a customer: (a) if sent by mail, on the third day after the date on which the bill was printed by the distributor; (b) if made available over the internet, on the date on which an e-mail is sent to the customer notifying the customer that the bill is available for viewing over the internet; (c) if sent by e-mail, on the date on which the e-mail is sent; or (d) if sent by more than one of the methods listed in paragraphs (a) to (c), on whichever date of deemed issuance occurs last. 2.6.5 A distributor shall apply the following rules for purposes of determining the date on which payment of a bill has been received from a customer: (a) if paid by mail, three days prior to the date on which the distributor receives the payment; (b) if paid at a financial institution or electronically, on the date on which the payment is acknowledged or recorded by the customer’s financial institution; or (c) if paid by credit card issued by a financial institution, on the date and at the time that the charge is accepted by the financial institution. Page 125 of 474 Distribution System Code 43 2.6.6 Where a bill issued to a residential customer includes charges for goods or services other than electricity charges, a distributor shall allocate any payment made by the customer first to the electricity charges and then, if funds are remaining, to the charges for other goods or services. 2.6.6.1 Section 2.6.6 does not apply to existing joint billing agreements until the renewal date of such agreements or 2 years, whichever comes earlier, and thereafter the provisions of section 2.6.6 will be deemed applicable. 2.6.6.2A Where payment on account of a bill referred to in section 2.6.6 or 2.6.6.1 is sufficient to cover electricity charges, security deposits and billing adjustments, the distributor shall not impose late payment charges, issue a disconnection notice or disconnect electricity supply. 2.6.6.2B Subject to section 2.6.6.1, where payment on account of a bill referred to in section 2.6.6 or 2.6.6.1 is not sufficient to cover electricity charges, security deposits and billing adjustments, the distributor shall allocate the payments in the following order: electricity charges as defined in section 2.6.6.3, payments towards an arrears payment agreement, outstanding security deposit, under- billing adjustments and non-electricity charges. 2.6.6.3 For the purposes of this section, “electricity charges” are: (a) charges that appear under the sub-headings “Electricity”, Delivery”, “Regulatory Charges” and “Debt Retirement Charge” as described in Ontario Regulation 275/04 (Information on Invoices to Low-volume Consumers of Electricity) made under the Act, and all applicable taxes on those charges; (b) where applicable, charges prescribed by regulations under section 25.33 of the Electricity Act and all applicable taxes on those charges; and (c) Board-approved specific service charges, including late payment charges, and such other charges and applicable taxes associated with the consumption of electricity as may be required by law to be included on the bill Page 126 of 474 Distribution System Code 44 issued to the customer or as may be designated by the Board for the purposes of this section, but not including security deposits or amounts owed by a customer pursuant to an arrears payment agreement or a billing adjustment. 2.6.7 For the purposes of section 2.6, a distributor shall apply the following rules relating to the computation of time: (a) where there is reference to a number of days between two events, the days shall be counted by excluding the day on which the first event happens and including the day on which the second event happens; (b) where the time for doing an act expires on a day that is not a business day, the act may be done on the next day that is a business day; (c) where an act, other than payment by a customer, occurs on a day that is not a business day, it shall be deemed to have occurred on the next business day; (d) where an act, other than payment by a customer, occurs after 5:00 p.m., it shall be deemed to have occurred on the next business day; and (e) receipt of a payment by a customer is effective on the date that the payment is made, including payments made after 5:00 p.m. For the purposes of this section, a “business day” is any day other than a Saturday or a holiday as defined in section 88 of the Legislation Act, 2006. 2.7 Arrears Payment Agreements 2.7.1 A distributor shall make available to any residential electricity customer who is unable to pay his or her outstanding electricity charges, as defined in section 2.6.6.3, the opportunity to enter into an arrears payment agreement with the distributor. The arrears payment agreement shall include, at a minimum, the terms and conditions specified in sections 2.7.1.1 – 2.7.5 inclusive. Page 127 of 474 Distribution System Code 45 2.7.1A If a distributor enters into discussions with a residential customer and offers an arrears agreement but the customer declines to enter into an arrears agreement, the distributor may proceed with disconnection and is not required to offer an arrears agreement to such a customer after disconnection. 2.7.1.1 Before entering into an arrears payment agreement under section 2.7, a distributor shall apply any security deposit held on account of the customer against any electricity charges owing at the time. 2.7.1.2 As part of the arrears payment agreement, a distributor may require that the customer pay a down payment of up to 15% of the electricity charge arrears accumulated, inclusive of any applicable late payment charges but excluding other service charges, when entering into the arrears management program. 2.7.1.3 Where an eligible low-income customer enters into an arrears payment agreement for the first time or subsequent to having successfully completed a previous arrears payment agreement as an eligible low-income customer, a distributor may require that the customer pay a down payment of up to 10% of the electricity charge arrears accumulated, inclusive of any applicable late payment charges but excluding other service charges. 2.7.2 The arrears payment agreement referred to in section 2.7.1 shall allow the residential electricity customer to pay all remaining electricity charges that are then overdue for payment as well as the current bill amount if the customer elects to do so, after applying a security deposit under section 2.7.1.1, and the down payment referred to in section 2.7.1.2, including all electricity-related service charges that have accrued to the date of the agreement, over the following periods: (a) a period of at least 5 months, where the total amount of the electricity charges remaining overdue for payment is less than twice the customer’s average monthly billing amount; Page 128 of 474 Distribution System Code 46 (b) a period of at least 10 months, where the total amount of the electricity charges remaining overdue for payment is equal to or exceeds twice the customer’s average monthly billing amount; (c) in the case of an eligible low-income customer, a period of at least 8 months, where the total amount of the electricity charges remaining overdue for payment is less than or equal to 2 times the customer’s average monthly billing amount; (d) in the case of an eligible low-income customer, a period of at least 12 months where the total amount of the electricity charges remaining overdue for payment exceeds 2 times the customer’s average monthly billing amount and is less than or equal to 5 times the customer’s average monthly billing amount; or (e) in the case of an eligible low-income customer, a period of at least 16 months where the total amount of the electricity charges remaining overdue for payment exceeds 5 times the customer’s average monthly billing amount. 2.7.3 For the purposes of section 2.7.2, the customer’s average monthly billing amount shall be calculated by taking the aggregate of the total electricity charges billed to the customer in the preceding 12 months and dividing that value by 12. If the customer has been a customer of the distributor for less than 12 months, the customer’s average monthly billing amount shall be based on a reasonable estimate made by the distributor. For the purposes of this section, “electricity charges” has the same meaning as in section 2.6.6.3. 2.7.4 Where a residential customer defaults on more than one occasion in making a payment in accordance with an arrears payment agreement, or a payment on account of a current electricity charge billing, a security deposit amount due or an under-billing adjustment, the distributor may cancel the arrears payment agreement. Page 129 of 474 Distribution System Code 47 2.7.4.1 If the distributor cancels an arrears payment agreement pursuant to section 2.7.4, the distributor will give written notice of cancellation to the customer and to any third party designated by the customer under section 2.7.4.1A at least 10 days before the effective date of the cancellation. 2.7.4.1A Where, at the time of entering into an arrears payment agreement a customer has designated a third party to receive notice of cancellation of the arrears payment agreement, the distributor shall provide notice of cancellation to such third party. 2.7.4.1B A distributor shall accept electronic mail (e-mail) or telephone communications from the customer for purposes of section 2.7.4.1A. 2.7.4.2 If the customer makes payment of all amounts due pursuant to the arrears payment agreement as of the cancellation date referred to in section 2.7.4.1 and makes such payment on or before the cancellation date, the distributor shall reinstate the arrears payment agreement. 2.7.4.3 Where an eligible low-income customer defaults on more than two occasions in making a payment in accordance with an arrears payment agreement, or a payment on account of a current electricity charge billing or an under-billing adjustment, the distributor may cancel the arrears payment agreement. 2.7.4.4 For purposes of sections 2.7.4 and 2.7.4.3, the defaults must occur over a period of at least 2 months before the distributor may cancel the arrears payment agreement. 2.7.5 A distributor shall make available to a residential electricity customer a second arrears payment agreement if the customer so requests, provided that 2 years or more has passed since a first arrears payment agreement was entered into and provided that the customer performed his or her obligations under the first arrears payment agreement. Page 130 of 474 Distribution System Code 48 2.7.5.1 In the case of an eligible low-income customer, the distributor shall allow such a customer to enter into a subsequent arrears payment agreement upon successful completion of the previous arrears payment agreement on the following terms: i) If a second or subsequent arrears agreement is requested less than 12 months from the date of completion of the previous arrears payment agreement, then the standard arrears payment agreement terms applicable to all residential customers under sections 2.7.1 to 2.7.4.1 also apply to the eligible low-income customer; or ii) If a second or subsequent arrears agreement is requested 12 months or more from the date of completion of the previous arrears payment agreement, the eligible low-income customer shall be entitled to the arrears payment agreement terms set out in sections 2.7.1.3, 2.7.2(c), 2.7.2(d), 2.7.2(e), 2.7.4.3 and 2.7.4.4. 2.7.6 Notwithstanding the definition of “electricity charges” in section 2.6.6.3, and subject to section 2.7.6A, where an eligible low-income customer enters into an arrears payment agreement with a distributor for the first time or subsequent to having successfully completed a previous arrears payment agreement as an eligible low-income customer, the distributor shall waive any service charges specifically related to collection, disconnection, non-payment or load control devices and such charges shall not be included in the arrears payment agreement. 2.7.6A The distributor is not required to waive any late payment charges, as described in section 2.6.6.3, that accrue to the date of the arrears payment agreement but no further late payment charges may be imposed on an eligible low-income customer after he or she has entered into an arrears payment agreement with the distributor in respect of the amount that is the subject of that agreement. 2.7.7 The distributor shall not disconnect the property of a residential customer, for failing to make a payment subject to an arrears payment agreement, unless the Page 131 of 474 Distribution System Code 49 customer is in default, according to sections 2.7.4 or 2.7.4.3, and 2.7.4.4, and the distributor has cancelled the arrears payment agreement in accordance with the provisions of this Code. 2.7.8 In the event a residential electricity customer failed to perform his or her obligations under a previous arrears payment agreement and the distributor terminated the agreement pursuant to section 2.7.4, the distributor may require that the customer wait 1 year after termination of the previous agreement before entering into another arrears payment agreement with the distributor. 2.8 Opening and Closing of Accounts 2.8.1 Where a distributor opens an account for a property in the name of a person at the request of a third party, the distributor shall within 15 days of the opening of the account send a letter to the person advising of the opening of the account and requesting that the person confirm that he or she agrees to be the named customer. If the distributor does not receive confirmation from the intended customer, within 15 days of the date of the letter, the distributor shall advise the third party that the account will not be set up as requested. 2.8.1.1 The distributor is not required to send a letter advising of the opening of the account where the request to open the account is made in writing by the person’s solicitor or person in possession of a valid Power of Attorney for the person. 2.8.2 Despite any other provision of this Code, with the exception of the parties mentioned in section 2.8.11.1, where a distributor has opened an account for a property in the name of a person at the request of a third party, the distributor shall not seek to recover from that person any charges for service provided to the property unless the person has agreed to be the customer of the distributor in relation to the property. 2.8.3 Despite any other provision of this Code, with the exception of the parties mentioned in section 2.8.1.1 or an agreement under section 2.8.3A, where a Page 132 of 474 Distribution System Code 50 distributor receives a request to close or transfer an account in relation to a rental unit in a residential complex as defined in the Residential Tenancies Act, 2006 or another residential property, the distributor shall not seek to recover any charges for service provided to that rental unit or residential property after closure of the account from any person, including the landlord for the residential complex or a new owner of the residential property, unless the person has agreed to assume responsibility for those charges. 2.8.3A A distributor may enter into an agreement with a landlord whereby the landlord agrees to assume responsibility for paying for continued service to the rental property after closure of a tenant’s account. 2.8.4 For the purposes of section 2.8, the requirement for an agreement in writing includes agreements in electronic form in accordance with the Electronic Commerce Act, 2000. 2.8.4A For the purposes of sections 2.8.1, 2.8.2 and 2.8.3, the agreement may be established by verbal request over the telephone provided that a recording of the verbal request is retained by the distributor for 24 months thereafter. 2.8.4B For the purposes of section 2.8.3A, the agreement may be established by verbal request over the telephone provided that a recording of the verbal request is retained by the distributor for the length of the agreement, plus an additional 6 months. 2.8.5 Nothing in sections 2.8.1 – 2.8.4B inclusive is intended to void or cancel any binding agreements for service existing as of the effective date of these amendments or any pre-existing agreements between landlords and distributors. Page 133 of 474 Distribution System Code 51 2.9 Use of Load Control Devices 2.9.1 A distributor may install a load control device instead of disconnecting supply to a customer for non-payment, provided that the distributor complies with the provisions set out in sections 2.9.3, 2.9.3A, 2.9.3B, 2.9.3C, 2.9.4, 2.9.5 and 2.9.6. 2.9.1A Where a customer voluntarily requests the installation or continued use of a load limiter device, the distributor shall install a load limiter device provided the distributor ordinarily provides such a service. 2.9.2 Where a distributor is notified by a LEAP Intake Agency that the agency is assessing the customer for Emergency Financial Assistance, the distributor shall refrain from installing a load control device for a period of 21 days after receiving such notification. 2.9.3 When the distributor installs a load limiter device, either for non-payment or at the customer’s request, it shall also deliver a written notice to the customer explaining in plain language the operation of the device, the maximum capacity of the device, how to reset the device if the maximum capacity is exceeded ,as well as a telephone number for the customer to obtain further information and an emergency telephone number to contact if the capacity is exceeded and the customer cannot manually reset the device for any reason. 2.9.3A When the distributor installs a load limiter device for non- payment that cannot be manually reset by the customer after the maximum limit is triggered, then the distributor must provide a 24-hour telephone number the customer may call to have the load limiter device remotely reset. 2.9.3B When the distributor installs a timed load interrupter for non-payment, it shall also deliver a written notice to the customer explaining in plain language the effect of the device on service and a telephone number for the customer to obtain further information. Page 134 of 474 Distribution System Code 52 2.9.3C When a distributor installs a load control device for non-payment, the distributor shall also provide to the customer: (a) the Fire Safety Notice of the Office of the Fire Marshal; and (b) any other public safety notices or information bulletins issued by public safety authorities and provided to the distributor, which provide information to consumers respecting dangers associated with the disconnection of electricity service. 2.9.4 A load control device may not be installed at a residential customer’s property during the course of an arrears payment agreement, unless the agreement has been terminated in accordance with the provisions of this Code. 2.9.5 Where a distributor had previously installed a load control device for non-payment and the residential customer then enters into an arrears payment agreement, the distributor shall remove the device within 2 business days of the customer entering into an arrears payment agreement. 2.9.5A Despite sections 2.9.4, 2.9.5 and 7.10.1(b), a customer may request the installation or continued use of the load limiter device during the course of the arrears payment agreement where the distributor ordinarily provides such a service. 2.9.6 Subject to section 2.9.5, where a load control device was installed by a distributor for non-payment, the distributor shall remove the load control device within 2 business days of an outstanding account being paid in full. 2.10 Estimated Billing 2.10.1 Where a smart meter or interval meter has been installed, a distributor shall issue a bill to a residential or general service < 50 kW customer based on an actual meter read. Page 135 of 474 Distribution System Code 53 2.10.2 Despite 2.10.1, to account for exceptional circumstances, a distributor may issue a bill to a residential or general service < 50kW customer with a smart meter or interval meter based on estimated consumption twice every 12 months. Page 136 of 474 Distribution System Code 54 3 CONNECTIONS AND EXPANSIONS 3.1 Connections 3.1.1 In establishing its connection policy as specified in its Conditions of Service, and determining how to comply with its obligations under section 28 of the Electricity Act, a distributor may consider the following reasons to refuse to connect, or continue to connect, a customer: (a) contravention of the laws of Canada or the Province of Ontario including the Ontario Electrical Safety Code; (b) violation of conditions in a distributor's licence; (c) materially adverse effect on the reliability or safety of the distribution system; (d) imposition of an unsafe worker situation beyond normal risks inherent in the operation of the distribution system; (e) a material decrease in the efficiency of the distributor's distribution system; (f) a materially adverse effect on the quality of distribution services received by an existing connection; and (g) if the person requesting the connection owes the distributor money for distribution services, or for non-payment of a security deposit. The distributor shall give the person a reasonable opportunity to provide the security deposit consistent with sections 2.4.20 and 2.4.20A. 3.1.2 A distributor shall ensure that all electrical connections to its system meet the distributor’s design requirements, unless the electrical connections are separated by a protection device that has been approved by the distributor. If an electrical connection does not meet the distributor’s design requirements, a distributor may refuse connection. Page 137 of 474 Distribution System Code 55 3.1.3 If a distributor refuses to connect a customer, the distributor shall inform the person requesting the connection of the reason(s) for not connecting and, where the distributor is able to provide a remedy, make an offer to connect. If the distributor is unable to provide a remedy to resolve the issue, it is the responsibility of the customer to do so before a connection may be made. 3.1.4 For residential customers, a distributor shall define a basic connection and recover the cost of the basic connection as part of its revenue requirement. The basic connection for each customer shall include, at a minimum: (a) supply and installation of overhead distribution transformation capacity or an equivalent credit for transformation equipment; and (b) up to 30 meters of overhead conductor or an equivalent credit for underground services. 3.1.5 For non-residential customers other than micro-embedded generation facility customers, a distributor may define a basic connection by rate class and recover the cost of connection either as part of its revenue requirement, or through a basic connection charge to the customer. 3.1.5A For micro-embedded generation facility customers, a distributor shall define a basic connection and recover the cost of the basic connection through a charge to the customer. The basic connection for each micro-embedded generation facility customer shall include, at a minimum, the supply and installation of any new or modified metering. 3.1.6 All customer classes shall be subject to a variable connection charge to be calculated as the costs associated with the installation of connection assets above and beyond the basic connection. A distributor may recover this amount from a customer through a connection charge or equivalent payment. Page 138 of 474 Distribution System Code 56 3.2 Expansions 3.2.1 If a distributor must construct new facilities to its main distribution system or increase the capacity of existing distribution system facilities in order to be able to connect a specific customer or group of customers, the distributor shall perform an initial economic evaluation based on estimated costs and forecasted revenues, as described in Appendix B, of the expansion project to determine if the future revenue from the customer(s) will pay for the capital cost and on-going maintenance costs of the expansion project. 3.2.2 If the distributor's offer was an estimate, the distributor shall carry out a final economic evaluation once the facilities are energized. The final economic evaluation shall be based on forecasted revenues, actual costs incurred (including, but not limited to, the costs for the work that was not eligible for alternative bid, and any transfer price paid by the distributor to the customer) and the methodology described in Appendix B. 3.2.3 If the distributor's offer was a firm offer, and if the alternative bid option was chosen and the facilities are transferred to the distributor, the distributor shall carry out a final economic evaluation once the facilities are energized. The final economic evaluation shall be based on the amounts used in the firm offer for costs and forecasted revenues, any transfer price paid by the distributor to the customer, and the methodology described in Appendix B. 3.2.4 The capital contribution that a distributor may charge a customer other than a generator or distributor to construct an expansion shall not exceed that customer’s share of the difference between the present value of the projected capital costs and on-going maintenance costs for the facilities and the present value of the projected revenue for distribution services provided by those facilities. The methodology and inputs that a distributor shall use to calculate this amount are described in Appendix B. 3.2.5 The capital contribution that a distributor may charge a generator to construct an expansion to connect a generation facility to the distributor’s distribution system Page 139 of 474 Distribution System Code 57 shall not exceed the generator’s share of the present value of the projected capital costs and on-going maintenance costs for the facilities. Projected revenue and avoided costs from the generation facility shall be assumed to be zero, unless otherwise determined by rates approved by the Board. The methodology and inputs that a distributor shall use to calculate this amount are described in Appendix B. 3.2.5A Notwithstanding section 3.2.5 but subject to section 3.2.5B, a distributor shall not charge a generator to construct an expansion to connect a renewable energy generation facility: (a) if the expansion is in a Board-approved plan filed with the Board by the distributor pursuant to the deemed condition of the distributor’s licence referred to in paragraph 2 of subsection 70(2.1) of the Act, or is otherwise approved or mandated by the Board; or (b) in any other case, for any costs of the expansion that are at or below the renewable energy generation facility’s renewable energy expansion cost cap. For greater clarity, the distributor shall bear all costs of constructing an expansion referred to in (a) and, in the case of (b), shall bear all costs of constructing the expansion that are at or below the renewable energy generation facility’s renewable energy expansion cost cap. 3.2.5B Where an expansion is undertaken in response to a request for the connection of more than one renewable energy generation facility, a distributor shall not charge any of the requesting generators to construct the expansion: (a) if the expansion is in a Board-approved plan filed with the Board by the distributor pursuant to the deemed condition of the distributor’s licence referred to in paragraph 2 of subsection 70(2.1) of the Act, or is otherwise approved or mandated by the Board; or Page 140 of 474 Distribution System Code 58 (b) in any other case, for any costs of the expansion that are at or below the amount that results from adding the total name-plate rated capacity of each renewable energy generation facility referred to in section 6.2.9(a) (in MW) and then multiplying that number by $90,000. For greater clarity, the distributor shall bear all costs of constructing an expansion referred to in (a) and, in the case of (b), shall bear all costs of constructing the expansion that are at or below the number that results from the calculation referred to in (b). 3.2.5C Where, in accordance with the calculation referred to in section 3.2.5B(b), a capital contribution is payable by the requesting generators, the distributor shall apportion the amount of the capital contribution among the requesting generators on a pro-rata basis based on the total name-plate rated capacity of the renewable energy generation facility referred to in section 6.2.9(a) (in MW). 3.2.6 If a shortfall between the present value of the projected costs and revenues is calculated under section 3.2.1, the distributor may propose to collect all or a portion of that amount from the customer in the form of a capital contribution, in accordance with the distributor’s documented policy on capital contributions by customer class. 3.2.7 If the capital contribution amount resulting from the final economic evaluation provided for in section 3.2.2 or 3.2.3 differs from the capital contribution amount resulting from the initial economic evaluation calculation, the distributor shall obtain from the customer, or credit the customer for, any difference between the two calculations. 3.2.8 If an expansion is needed in order for a distributor to connect a customer, the distributor shall make an initial offer to connect the customer and build the expansion. A distributor’s initial offer shall include, at no cost to the customer: (a) a statement as to whether the offer is a firm offer or is an estimate of the costs that would be revised in the future to reflect actual costs incurred; Page 141 of 474 Distribution System Code 59 (b) a reference to the distributor's Conditions of Service and information on how the customer requesting the connection may obtain a copy of them; (c) a statement as to whether a capital contribution will be required from the customer; (d) a statement as to whether an expansion deposit will be required from the customer and if the distributor will require an expansion deposit from the customer, the amount of the expansion deposit that the customer will have to provide; and (e) a statement as to whether the connection charges referred to in sections 3.1.5 and 3.1.6 will be charged separately from the capital contribution referred to in section 3.2.8(c), and a description of, and if known, the amount for, those connection charges. 3.2.9 If the distributor will require a customer to pay a capital contribution, the distributor must, in addition to complying with section 3.2.8, also include in its initial offer, at no cost to the customer: (a) the amount of the capital contribution that the customer will have to pay for the expansion; (b) the calculation used to determine the amount of the capital contribution to be paid by the customer including all of the assumptions and inputs used to produce the economic evaluation as described in Appendix B; (c) a statement as to whether the offer includes work for which the customer may obtain an alternative bid and, if so, the process by which the customer may obtain the alternative bid; (d) a description of, and costs for, the work that is eligible for alternative bid and the work that is not eligible for alternative bid associated with the expansion broken down into the following categories: Page 142 of 474 Distribution System Code 60 i) labour (including design, engineering and construction); ii) materials; iii) equipment; and iv) overhead (including administration); (e) an amount for any additional costs that will occur as a result of the alternative bid option being chosen (including, but not limited to, inspection costs); (f) if the offer is for a residential customer, a description of, and the amount for, the cost of the basic connection referred to in section 3.1.4 that has been factored into the economic evaluation; and (g) if the offer is for a non-residential customer and if the distributor has chosen to recover the non-residential basic connection charge as part of its revenue requirement, a description of, and the amount for, the connection charges referred to in section 3.1.5 that have been factored into the economic evaluation. 3.2.10 Once the customer has accepted the distributor's offer, and if the customer requests it, the distributor shall provide to the customer, at cost, an itemized list of the costs for the major items in each of the categories listed in section 3.2.9(d) and shall be done in the following manner: (a) if the customer has not chosen to pursue an alternative bid, the distributor hall provide the itemized list for all of the work; or (b) if the customer has chosen to pursue the alternative bid option, the distributor shall only be required to provide the itemized list for the work that is not eligible for alternative bid. Page 143 of 474 Distribution System Code 61 3.2.11 If the customer submits revised plans or requires additional design work, the distributor may provide, at cost, a new offer based on the revised plans or the additional design work. 3.2.12 The distributor shall provide the customer with the calculation used to determine the final capital contribution amount including all of the assumptions and inputs used to produce the final economic evaluation as provided for in sections 3.2.2 and 3.2.3. The distributor shall provide the final economic evaluation and final capital contribution amount to the customer at no cost to the customer. 3.2.13 The last sentence of section 3.2.12 does not apply to a customer who is a generator or is proposing to become a generator unless the customer’s proposed or existing generation facility is an emergency backup generation facility. 3.2.14 Where the distributor requires a capital contribution from the customer, the distributor shall allow the customer to obtain and use alternative bids for the work that is eligible for alternative bid. The distributor shall require the customer to use a qualified contractor for the work that is eligible for alternative bid provided that the customer agrees to transfer the expansion facilities that are constructed under the alternative bid option to the distributor upon completion. 3.2.15 The following activities are not eligible for alternative bid: (a) distribution system planning; and (b) the development of specifications for any of the following: i) the design of an expansion; ii) the engineering of an expansion; and iii) the layout of an expansion. Page 144 of 474 Distribution System Code 62 3.2.15A Work that requires physical contact with the distributor’s existing distribution system is not eligible for alternative bid unless the distributor decides in any given case to allow such work to be eligible for alternative bid. 3.2.15B Despite any other provision of this Code, decisions related to the temporary de- energization of any portion of the distributor’s existing distribution system are the sole responsibility of the distributor. Where the temporary de-energization is required in relation to work that is being done under alternative bid, the distributor shall apply the same protocols and procedures to the de-energization as it would if the customer had not selected the alternative bid option. 3.2.16 If a customer chooses to pursue an alternative bid and uses the services of a qualified contractor for the work that is eligible for alternative bid, the distributor shall: (a) require the customer to complete all of the work that is eligible for alternative bid; (b) require the customer to: i) select and hire the contractor; ii) pay the contractor’s costs for the work that is eligible for alternative bid; and iii) assume full responsibility for the construction of that aspect of the expansion; (c) require the customer to be responsible for administering the contract (including the acquisition of all required permissions, permits and easements) or have the customer pay the distributor to do this activity; (d) require the customer to ensure that the work that is eligible for alternative bid is done in accordance with the distributor's distribution system planning and the distributor’s specifications for any of the following: Page 145 of 474 Distribution System Code 63 i) the design of the expansion; ii) the engineering of the expansion; and iii) the layout of the expansion (d.1) require the customer to obtain the distributor’s review and approval of plans for the design, engineering, layout, and work execution for the work that is eligible for alternative bid to ensure conformance with the distribution system planning and specifications referred to in paragraph (d) prior to commencing that work; and (e) inspect and approve, at cost, all aspects of the constructed facilities as part of a system commissioning activity, prior to connecting the constructed facilities to the existing distribution system. 3.2.17 In addition to the capital contribution amounts in sections 3.2.4 and 3.2.5, the distributor may also charge a customer that chooses to pursue an alternative bid any costs incurred by the distributor associated with the expansion including, but not limited to, the following: (a) costs for additional design, engineering, or installation of facilities required to complete the project; (a.1) costs associated with any temporary de-energization of any portion of the existing distribution system that is required in relation to an expansion that is constructed under the alternative bid option; (a.2) costs associated with the review and approval referred to in section 3.2.16(d.1); (b) costs for administering the contract between the customer and the contractor hired by the customer if the distributor is asked to do so by the customer and the distributor agrees to do it; and Page 146 of 474 Distribution System Code 64 (c) costs for inspection or approval of the work performed by the contractor hired by the customer. When the customer transfers the expansion facilities to the distributor in accordance with section 3.2.18 and 3.2.19, the charges referred to above shall be included as part of the customer's costs for the purposes of determining the transfer price. 3.2.18 When the customer transfers the expansion facilities that were constructed under the alternative bid option to the distributor, and provided that the distributor has inspected and approved the constructed facilities, the distributor shall pay the customer a transfer price. The transfer price shall be the lower of the cost to the customer to construct the expansion facilities or the amount set out in the distributor's initial offer to do the work that is eligible for alternative bid. If the customer does not provide the distributor with the customer's cost information in a timely manner, then the distributor may use the amount for the work that is eligible for alternative bid as set out in its initial offer for the transfer price instead of the customer’s cost. 3.2.19 Where a distributor is required to pay a transfer price under section 3.2.18, the transfer price shall be considered a cost to the distributor for the purposes of completing the final economic evaluation. 3.2.20 For expansions that require a capital contribution, a distributor may require the customer to provide an expansion deposit for up to 100% of the present value of the forecasted revenues as described in Appendix B. For expansions that do not require a capital contribution, a distributor may require the customer to provide an expansion deposit for up to 100% of the present value of the projected capital costs and on-going maintenance costs of the expansion project. 3.2.21 If an expansion deposit is collected under section 3.2.20, the expansion deposit shall cover both the forecast risk (the risk associated with whether the projected revenue for the expansion will materialize as forecasted) and the asset risk (the risk associated with ensuring that the expansion is constructed, that it is Page 147 of 474 Distribution System Code 65 completed to the proper design and technical standards and specifications, and that the facilities operate properly when energized) related to the expansion. 3.2.22 If the alternative bid option was chosen, a distributor shall be allowed to retain and use the expansion deposit to cover the distributor's costs if the distributor must complete, repair, or bring up to standard the facilities. Complete, repair, or bring up to standard includes costs the distributor incurs to ensure that the expansion is completed to the proper design and technical standards and specifications, and that the facilities operate properly when energized. 3.2.23 Once the facilities are energized and subject to sections 3.2.22 and 3.2.24, the distributor shall annually return the percentage of the expansion deposit in proportion to the actual connections (for residential developments) or actual demand (for commercial and industrial developments) that materialized in that year (i.e., if twenty percent of the forecasted connections or demand materialized in that year, then the distributor shall return to the customer twenty percent of the expansion deposit). This annual calculation shall only be done for the duration of the customer connection horizon as defined in Appendix B. If at the end of the customer connection horizon the forecasted connections (for residential developments) or forecasted demand (for commercial and industrial developments) have not materialized, the distributor shall be allowed to retain the remaining portion of the expansion deposit. 3.2.24 If the alternative bid option was chosen, the distributor may retain up to ten percent of the expansion deposit for a warranty period of up to two years. This portion of the expansion deposit can be applied to any work required to repair the expansion facilities within the two year warranty period. The two year warranty period begins: (a) when the last forecasted connection in the expansion project materializes (for residential developments) or the last forecasted demand materializes (for commercial and industrial developments); or (b) at the end of the customer connection horizon as defined in Appendix B, Page 148 of 474 Distribution System Code 66 whichever is first. The distributor shall return any remaining portion of this part of the expansion deposit at the end of the two year warranty period. 3.2.25 Any expansion deposit required under section 3.2.20 shall be in the form of cash, letter of credit from a bank as defined in the Bank Act, or surety bond. The distributor shall allow the customer to select the form of the expansion deposit. 3.2.26 Where any expansion deposit is in the form of cash, the distributor shall return the expansion deposit to the customer together with interest in accordance with the following conditions: (a) interest shall accrue monthly on the expansion deposit commencing on receipt of the total deposit required by the distributor; and (b) the interest rate shall be at the Prime Business Rate set by the Bank of Canada less 2 percent. 3.2.27 Unforecasted customers that connect to the distribution system during the customer connection horizon as defined in Appendix B will benefit from the earlier expansion and should contribute their share. In such an event, the initial contributors shall be entitled to a rebate from the distributor. A distributor shall collect from the unforecasted customers an amount equal to the rebate the distributor shall pay to the initial contributors. The amount of the rebate shall be determined as follows: (a) for a period of up to the customer connection horizon as defined in Appendix B, the initial contributor shall be entitled to a rebate without interest, based on apportioned benefit for the remaining period; and (b) the apportioned benefit shall be determined by considering such factors as the relative name-plate rated capacity of the parties, the relative load level of the parties and the relative line length in proportion to the line length being shared by both parties, as applicable. Page 149 of 474 Distribution System Code 67 3.2.27A Notwithstanding section 3.2.27, when the unforecasted customer is a renewable energy generation facility to which section 3.2.5A or 3.2.5B applies and the customer entitled to a rebate under section 3.2.27 is a load customer or a generation customer to which neither section 3.2.5A nor 3.2.5B applies, the initial contributors shall be entitled to a rebate from the distributor in an amount determined in accordance with section 3.2.27. The distributor shall reduce the connecting renewable energy generation facility’s renewable energy expansion cost cap by an amount equal to the rebate. If the amount of the rebate exceeds the connecting renewable generation facility’s renewable energy expansion cost cap, the distributor shall also collect the difference from the connecting renewable energy generation customer. 3.2.27B Notwithstanding section 3.2.27, when an unforecasted customer that is a renewable energy generation facility to which section 3.2.5A or 3.2.5B applies (the “unforecasted renewable generator”) connects to the distribution system during the customer connection horizon as defined in Appendix B and benefits from an earlier expansion made on or after October 21, 2009 to connect another renewable energy generation facility to which section 3.2.5A or 3.2.5B applies (the “initial renewable generator”), the initial renewable generator shall be entitled to a rebate if the cost of the earlier expansion exceeded the initial renewable generator’s renewable energy expansion cost cap. In such a case, the following rules shall apply: (a) the distributor shall pay to the initial renewable generator a rebate in an amount determined in accordance with section 3.2.27C; and (b) the distributor shall collect from the unforecasted renewable generator an amount determined in accordance with section 3.2.27C. For greater certainty, no rebate shall be payable to an initial renewable generator towards the cost of an earlier expansion if the cost of the earlier expansion did not exceed the initial renewable generator’s energy expansion cost cap. Page 150 of 474 Distribution System Code 68 3.2.27C For the purposes of section 3.2.27B: (a) the amount of the rebate payable by the distributor to the initial renewable generator shall be the difference between the amount paid by the initial renewable generator towards the cost of the earlier expansion and the amount that would have been paid by the initial renewable generator towards that cost, determined in accordance with the rules set out in sections 3.2.5B and 3.2.5C, had the earlier expansion been undertaken for both the initial renewable generator and the unforecasted renewable generator. The rebate shall be without interest; and (b) the amount to be collected from the unforecasted renewable generator shall be the amount that would have been paid by the unforecasted renewable generator towards the cost of the earlier expansion, determined in accordance with the rules set out in sections 3.2.5B and 3.2.5C, had the earlier expansion been undertaken for both the initial renewable generator and the unforecasted renewable generator. 3.2.27D Notwithstanding section 3.2.27, an unforecasted customer that is a load customer or a generation customer to which neither section 3.2.5A or 3.2.5B applies, that connects to the distribution system during the customer connection horizon as defined in Appendix B and that benefits from an earlier expansion made on or after October 21, 2009 to connect a renewable generation facility to which section 3.2.5A or 3.2.5B applies (the “initial renewable generator”) shall contribute towards the cost of the earlier expansion. In such a case, the following rules shall apply: (a) where the cost of the earlier expansion exceeded the initial renewable generator’s renewable energy expansion cost cap, the initial renewable generator and the distributor shall be entitled to a rebate in an amount determined in accordance with sections 3.2.27 and 3.2.27E; or (b) where the cost of the earlier expansion was at or below the initial renewable generator’s renewable energy expansion cost cap, the distributor shall be Page 151 of 474 Distribution System Code 69 entitled to a rebate in an amount determined in accordance with section 3.2.27. 3.2.27E For the purposes of section 3.2.27D(a), the amount of the rebate shall be apportioned between the initial renewable generator and the distributor on a pro- rata basis based on their respective contributions to the cost of the earlier expansion. 3.2.27F For greater certainty: (a) sections 3.2.27B and 3.2.27D do not apply in respect of an expansion referred to in section 3.2.5A(a) or 3.2.5B(a); (b) the amount of the rebate payable to an initial renewable generator under section 3.2.27B or section 3.2.27D(a) shall not exceed the amount paid by the initial renewable generator as a capital contribution towards the cost of the earlier expansion; and (c) where an earlier expansion referred to in section 3.2.27B or 3.2.27D was made to connect more than one renewable energy generation facility to which section 3.2.5B applies, the amount of the rebate payable to the renewable generators shall be apportioned between them on a pro-rata basis based on the total name-plate rated capacity of each renewable energy generation facility referred to in section 6.2.9(a) (in MW). 3.2.28 A distributor shall prepare all estimates and offers required by section 3.2 in accordance with good utility practice and industry standards. 3.2.29 The distributor shall perform all of its responsibilities and obligations under section 3.2 in a timely manner. 3.2.30 An expansion of the main distribution system includes: (a) building a new line to serve the connecting customer; Page 152 of 474 Distribution System Code 70 (b) rebuilding a single-phase line to three-phase to serve the connecting customer; (c) rebuilding an existing line with a larger size conductor to serve the connecting customer; (d) rebuilding or overbuilding an existing line to provide an additional circuit to serve the connecting customer; (e) converting a lower voltage line to operate at higher voltage; (f) replacing a transformer to a larger MVA size; (g) upgrading a voltage regulating transformer or station to a larger MVA size; and (h) adding or upgrading capacitor banks to accommodate the connection of the connecting customer. 3.3 Enhancements 3.3.1 A distributor shall continue to plan and build the distribution system for reasonable forecast load growth. A distributor may perform enhancements to its distribution system for purposes of improving system operating characteristics or for relieving system capacity constraints. In determining system enhancements to be performed on its distribution system, a distributor shall consider the following: (a) good utility practice; (b) improvement of the system to either meet or maintain required performance- based indices; (c) current levels of customer service and reliability and potential improvement from the enhancement; and Page 153 of 474 Distribution System Code 71 (d) costs to customers associated with distribution reliability and potential improvement from the enhancement. 3.3.2 Renewable enabling improvements to the main distribution system to accommodate the connection of renewable energy generation facilities are limited to the following: (a) modifications to, or the addition of, electrical protection equipment; (b) modifications to, or the addition of, voltage regulating transformer controls or station controls; (c) the provision of protection against islanding (transfer trip or equivalent); (d) bidirectional reclosers; (e) tap-changer controls or relays; (f) replacing breaker protection relays; (g) Supervisory Control and Data Acquisition system design, construction and connection; (h) any other modifications or additions to allow for and accommodate 2-way electrical flows or reverse flows; and (i) communication systems to facilitate the connection of renewable energy generation facilities. 3.3.3 Subject to section 3.3.4, the distributor shall bear the cost of constructing an enhancement or making a renewable enabling improvement, and therefore shall not charge: (a) a customer a capital contribution to construct an enhancement; or Page 154 of 474 Distribution System Code 72 (b) a customer that is connecting a renewable energy generation facility a capital contribution to make a renewable enabling improvement. 3.3.4 Section 3.3.3(a) shall not apply to a distributor until the distributor’s rates are set based on a cost of service application for the first time following the 2010 rate year. 3.4 Relocation of Plant 3.4.1 When requested to relocate distribution plant, a distributor shall exercise its rights and discharge its obligations in accordance with existing legislation such as the Public Service Works on Highways Act, regulations, formal agreements, easements and common law. In the absence of existing arrangements, a distributor is not obligated to relocate the plant. However, the distributor shall resolve the issue in a fair and reasonable manner. Resolution in a fair and reasonable manner shall include a response to the requesting party that explains the feasibility or infeasibility of the relocation and a fair and reasonable charge for relocation based on cost recovery principles. Page 155 of 474 Distribution System Code 73 4 OPERATIONS 4.1 Quality of Supply 4.1.1 A distributor shall follow good utility practice in managing the power quality of the distributor’s distribution system and define in its Conditions of Service the quality of service standards to which the distribution system is designed and operated. 4.1.2 A distributor shall maintain a voltage variance standard in accordance with the standards of the Canadian Standards Association CAN3-235. A distributor shall practice reasonable diligence in maintaining voltage levels, but is not responsible for variations in voltage from external forces, such as operating contingencies, exceptionally high loads and low voltage supply from the transmitter or host distributor. 4.1.3 Subject to section 4.7, a distributor shall respond to and take reasonable steps to investigate all consumer power quality complaints and report to the consumer on the results of the investigation. 4.1.4 Except in relation to an investigation conducted under section 4.7, if the source of a power quality problem is caused by the consumer making the complaint, the distributor may seek reimbursement for the time and cost spent to investigate the complaint. 4.1.5 A distributor shall take appropriate actions to control harmonic distortions found to be detrimental to consumers connected to the distribution system. If the distributor is unable to correct a problem without adversely impacting other distribution system consumers, a distributor may choose not to make the corrections. In deciding which actions to take, a distributor should use appropriate industry standards and good utility practice as guidelines. 4.1.6 A distributor shall require a consumer or customer that owns equipment connected to the distribution system to take reasonable steps to ensure that the Page 156 of 474 Distribution System Code 74 operation or failure of that equipment does not cause a distribution system outage or disturbance. 4.1.7 A distributor may require that any consumer or customer condition that adversely affects the distribution system be corrected immediately by the consumer or customer at the consumer’s or customer’s cost. 4.1.8 A distributor may direct a consumer or customer connected to its distribution system to take corrective or preventive action on the consumer’s or customer’s electric system when there is a direct hazard to the public or the consumer or customer is causing or could cause adverse effects to the reliability of the distributor’s distribution system. If the situation is not corrected, the distributor may disconnect the consumer or customer in accordance with its disconnection policy. 4.2 Disconnection and Reconnection 4.2.1 A distributor shall establish a process for disconnection and reconnection that specifies timing and means of notification consistent with the Electricity Act. In developing physical and business processes for reconnection, a distributor shall consider safety and reliability as a primary requirement. A distributor shall document its business process for disconnection in the distributor’s Conditions of Service. 4.2.1.1 Without limiting the generality of the foregoing, prior to disconnecting a property for non-payment, a distributor shall provide to any person that, according to the distributor’s Conditions of Service, receives notice of the disconnection: (a) the Fire Safety Notice of the Office of the Fire Marshal; and (b) any other public safety notices or information bulletins issued by public safety authorities and provided to the distributor, which provide information to consumers respecting dangers associated with the disconnection of electricity service. Page 157 of 474 Distribution System Code 75 4.2.1.2 A distributor shall include a copy of the notices or bulletins referred to in s. 4.2.1.1 along with any notice of disconnection that is left at the property at the time of actual disconnection for non-payment. 4.2.2 A distributor that intends to disconnect, pursuant to section 31 of the Electricity Act, the property of a residential customer for non-payment shall send or deliver a disconnection notice to the customer that contains, at a minimum, the following information: (a) the date on which the disconnection notice was printed by the distributor; (b) the earliest and latest dates on which disconnection may occur, in accordance with sections 4.2.3 and 4.2.2.3; (c) the amount that is then overdue for payment, including all applicable late payment and other charges associated with non-payment to that date; (d) the amount of any approved service charge(s) that may apply if disconnection occurs, and the circumstances in which each of these charges is payable; (e) the forms of payment that the customer may use to pay all amounts that are identified as overdue in the disconnection notice, which must at least include payment by credit card issued by a financial institution as described in section 4.2.4 and any other method of payment that the distributor ordinarily accepts and which can be verified within the time period remaining before disconnection; (f) the time period during which any given form of payment listed under paragraph (e) will be accepted by the distributor; (g) that, in order to avoid disconnection if the distributor attends at the customer’s property to execute the disconnection, a customer will only be able to pay by credit card issued by a financial institution, unless the distributor, in its discretion, will accept other forms of payment at that time and sets out the other forms of payment in the disconnection notice; Page 158 of 474 Distribution System Code 76 (h) that a disconnection may take place whether or not the customer is at the premises; (i) that, where applicable, the disconnection may occur without attendance at the customer’s premises; (j) that a Vital Services By-Law may exist in the customer’s community and that the customer should contact their local municipality for more information; (k) that a Board-prescribed standard arrears management program and equal monthly payment plan option may be available to all residential customers, along with contact information for the distributor where the customer can obtain further information; (k1) that the following additional assistance may be available to an eligible low-income customer, along with contact information for the distributor where the customer can obtain further information about the additional assistance: i. Board-prescribed arrears management program, and other expanded customer service provisions, specifically for eligible low-income customers; and ii. Emergency Financial Assistance; (k2) that the distributor may install a load control device at the customer’s premises in lieu of disconnection; and (l) any additional option(s) that the distributor chooses, in its discretion, to offer to the customer to avoid disconnection and the deadline for the customer to avail himself or herself of such option(s). 4.2.2.1 A distributor that sends or delivers to a customer a disconnection notice, pursuant to section 31(2) of the Electricity Act, for non-payment shall not include Page 159 of 474 Distribution System Code 77 that notice in the same envelope as a bill or any other documentation emanating from the distributor. 4.2.2.2 A distributor shall, at the request of a residential customer, send a copy of any disconnection notice issued to the customer for non-payment to a third party designated by the customer for that purpose provided that the request is made no later than the last day of the applicable minimum notice period set out in section 4.2.3. In such a case: (a) the distributor shall notify the third party that the third party is not, unless otherwise agreed with the distributor, responsible for the payment of any charges for the provision of electricity service in relation to the customer’s property; and (b) the rules set out in sections 2.6.4 and 2.6.7 shall apply, with such modifications as the context may require, for the purposes of determining the date of receipt of the disconnection notice by the third party. 4.2.2.2A A residential customer may, at any time prior to disconnection, designate a third party to also receive any future notice of disconnection and the distributor shall send notice of disconnection to such third party. 4.2.2.2B A distributor shall accept electronic mail (e-mail) or telephone communications from the customer for purposes of section 4.2.2.2A. 4.2.2.3 A disconnection notice issued for non-payment shall expire on the date that is 11 days from the last day of the applicable minimum notice period referred to in section 4.2.3, determined in accordance with the rules set out in section 2.6.7. A distributor may not thereafter disconnect the property of the customer for non- payment unless the distributor issues a new disconnection notice in accordance with section 4.2.2. 4.2.2.4 A distributor shall make reasonable efforts to contact, in person or by telephone, a residential customer to whom the distributor has issued a disconnection notice Page 160 of 474 Distribution System Code 78 for non-payment at least 48 hours prior to the scheduled date of disconnection. At that time, the distributor shall: (a) advise the customer of the scheduled date for disconnection; (b) advise the customer that a disconnection may take place whether or not the customer is at the premises; (c) where applicable, advise the customer that the disconnection may occur without attendance at the customer’s premises; (d) advise that the customer has the option to pay amounts owing by credit card issued by a financial institution, in addition to other forms of payment that the distributor will accept at that time and which can be verified within the time period remaining before disconnection; and advise during what hours such payments may be made; (e) advise the customer that, if the distributor attends at the customer’s property to execute the disconnection, the customer will only be able to pay by credit card issued by a financial institution, unless the distributor, in its discretion, will accept other forms of payment at that time; (f) advise the customer that a Board-prescribed standard arrears management program and equal monthly payment plan option may be available to all residential customers; the distributor must be prepared to enter into an arrears payment agreement at that time if the customer is eligible under section 2.7; (f1) advise that the following additional assistance may be available to an eligible low-income customer, along with contact information for the distributor where the customer can obtain further information about the additional assistance: Page 161 of 474 Distribution System Code 79 i) a Board-prescribed arrears management program, and other expanded customer service provisions, specifically for eligible low- income customers; and ii) Emergency Financial Assistance; and (g) advise the customer of any additional option(s) that the distributor, in its discretion, wishes to offer to the customer to avoid disconnection. 4.2.2.5 Where a distributor issues a disconnection notice for non-payment in respect of the disconnection of a multi-unit, master-metered building, the distributor shall post a copy of the disconnection notice in a conspicuous place on or in the building promptly after issuance of the notice. 4.2.2.6 A distributor shall suspend any disconnection action for a period of 21 days from the date of notification by a LEAP Intake Agency that it is assessing a residential customer for the purposes of determining whether the customer is eligible to receive such assistance, provided such notification is made within 10 days from the date on which the disconnection notice is received by the customer. Where a residential customer had requested prior to the issuance of the disconnection notice that the distributor also provide a copy of any disconnection notice to a third party, the distributor shall suspend any disconnection action for a period of 21 days from the date of notification by the third party that he, she or it is attempting to arrange assistance with the bill payment, provided such notification is made within 10 days from the date on which the disconnection notice is received by the customer. 4.2.2.7 Despite section 4.2.2.6, upon notification by a LEAP Intake Agency that a customer is not eligible to receive such assistance, or if another third party who was considering the provision of bill assistance decides not to proceed, the distributor may continue its disconnection process. Distributors will have up to 11 days to act on the previous disconnection notice and must make a further reasonable effort to contact the customer in accordance with section 4.2.2.4 prior to executing disconnection. Page 162 of 474 Distribution System Code 80 4.2.3 A distributor shall not disconnect a customer for non-payment until the following minimum notice periods have elapsed. (a) 60 days from the date on which the disconnection notice is received by the customer, in the case of a residential customer that has provided the distributor with documentation from a physician confirming that disconnection poses a risk of significant adverse effects on the physical health of the customer or on the physical health of the customer’s spouse, dependent family member or other person that regularly resides with the customer; or (b) 10 days from the date on which the disconnection notice is received, in all other cases. 4.2.3.1 For the purposes of section 4.2.3: (a) where a disconnection notice is sent by mail, the disconnection notice shall be deemed to have been received by the customer on the third business day after the date on which the notice was printed by the distributor; (b) where a disconnection notice is delivered by personal service, the disconnection notice shall be deemed to have been received by the customer on the date of delivery; (c) where a disconnection notice is delivered by being posted on the customer’s property, the disconnection notice shall be deemed to have been received by the customer on the date of such posting; (d) “spouse” has the meaning given to it in section 29 of the Family Law Act; (e) “dependent family member” means a “dependent” as defined in section 29 of the Family Law Act and also includes a grandparent who, based on need, is financially dependent on the customer; and (f) the distributor shall apply the rules relating to the computation of time set out in section 2.6.7. Page 163 of 474 Distribution System Code 81 4.2.4 A distributor may disconnect without notice in accordance with a court order or for emergency, safety or system reliability reasons. 4.2.5 (a) Where a distributor has issued a disconnection notice to a residential customer for non-payment, the distributor shall ensure it has the facilities or staff available to permit the customer to pay all amounts that are then overdue for payment by credit card issued by a financial institution. Subject to paragraph (b), this payment option must be offered during the regular business hours of the distributor, from the time the disconnection notice is delivered to a residential customer until the time the distributor’s staff attends at the customer’s premises to execute the disconnection. (b) Where a distributor attends at a residential customer’s property to execute a disconnection, whether during or after the distributor’s regular business hours, the distributor shall ensure it has the facilities or staff available at that time to permit the customer to pay all amounts that are then overdue for payment by credit card issued by a financial institution. The distributor may, in its discretion, also accept other forms of payment at the time of disconnection. (c) Where a distributor was unsuccessful in its attempt to contact a residential customer 48 hours before the planned disconnection as required under section 4.2.2.4, and the distributor intends to execute the disconnection by attendance at the customer’s premises, the distributor shall make a reasonable attempt to communicate with the customer, with due regard for the safety and security of the distributor’s personnel, if the customer is at the property, to advise that disconnection will be executed and that payment may be made by credit card issued by a financial institution. 4.2.5.1 The physical process by which a distributor disconnects or reconnects shall reflect good utility practice and consider safety as a primary requirement. Page 164 of 474 Distribution System Code 82 4.2.5.2 A distributor may recover from the customer responsible for the disconnection reasonable costs associated with disconnection, including overdue amounts payable by the customer. A distributor may recover from the customer responsible for the disconnection reasonable costs for repairs of the distributor’s physical assets attached to the property in reconnecting the property. 4.2.5.3 A distributor may recover from the person requesting the reconnection any Board approved reconnection charges. 4.2.6 In establishing its disconnection policy as specified in its Conditions of Service, consistent with section 30 and 31 of the Electricity Act and good utility practice, a distributor may consider the following reasons for disconnection: Adverse effect on the reliability and safety of the distribution system. Imposition of an unsafe worker situation beyond normal risks inherent in the operation of the distribution system. A material decrease in the efficiency of the distributor's distribution system. A materially adverse effect on the quality of distribution services received by an existing connection. Inability of the distributor to perform planned inspections and maintenance. Failure of the consumer or customer to comply with a directive of a distributor that the distributor makes for purposes of meeting its licence obligations. The customer owes the distributor money for distribution services, or for a security deposit. The distributor shall give the customer a reasonable opportunity to provide the security deposit consistent with sections 2.4.20 and 2.4.20A. 4.2.7 A distributor shall not disconnect a residential or general service <50 kW customer with a smart meter or interval meter based solely on an estimated bill. Page 165 of 474 Distribution System Code 83 4.3 Unauthorized Energy Use 4.3.1 A distributor shall use its discretion in taking action to mitigate unauthorized energy use. Upon identification of possible unauthorized energy use, a distributor shall notify, if appropriate, Measurement Canada, the Electrical Safety Authority, police officials, retailers that service consumers affected by the unauthorized energy use, or other entities. 4.3.2 A distributor shall monitor losses and unaccounted for energy use on an annual basis to detect any upward trends that may indicate the need for management policies to moderate unauthorized energy use. 4.3.3 A distributor may recover from the customer responsible for the unauthorized energy use all reasonable costs incurred by the distributor arising from unauthorized energy use. 4.4 System Inspection Requirements and Maintenance 4.4.1 A distributor shall maintain its distribution system in accordance with good utility practice and performance standards to ensure reliability and quality of electricity service, on both a short-term and long-term basis. 4.4.2 A distributor shall perform inspection activities of its distribution system in accordance with the requirements in Appendix C attached to this Code. 4.4.3 A distributor shall perform more frequent inspections if warranted due to local conditions such as geographic location, climate, environmental conditions, technologies available to perform the inspection, type and vintage of distribution technology in place, manufacturer specifications, system design or relative importance to overall system reliability of a particular piece of equipment or portion of the distributor’s distribution system. 4.4.4 A distributor shall perform inspection activities using persons qualified to identify the types of defects that could be discovered during such inspection activities. Persons performing inspection activities shall be trained to protect both Page 166 of 474 Distribution System Code 84 themselves and the public, and to respond to emergencies that may arise as a result of inspection activities. 4.4.5 A distributor shall address any defects discovered during the inspection activities within a reasonable period of time after the discovery of the defect. A distributor shall address a defect by scheduling a more detailed inspection, by planning repair activities or by performing any other action that is an affirmative response to the discovery of the defect. A distributor shall have an internal review procedure to ensure that the identified defects and follow-up activities have been addressed appropriately. 4.4.6 A distributor shall determine the methodology by which inspection cycles are structured and the manner in which defects identified during inspection activities are to be repaired in accordance with good utility practice. 4.4.7 A distributor shall notify consumers regarding the expected duration and frequency of planned outages and provide as much advance notice as possible. A distributor shall make all reasonable efforts to minimize the duration and frequency of planned outages. The distributor’s policies and procedures with respect to planned outages shall be described in the Conditions of Service. 4.5 Unplanned Outages and Emergency Conditions 4.5.1 A distributor may require a consumer or customer or a party to a joint use agreement to comply with reasonable and appropriate instructions from the distributor during an unplanned outage or emergency situation. 4.5.2 To assist with distribution system outages or emergency response, a distributor may require a customer to provide the distributor emergency access to customer- owned distribution equipment that normally is operated by the distributor or distributor-owned equipment on customer property. Page 167 of 474 Distribution System Code 85 4.5.3 During an emergency, a distributor may interrupt supply to a consumer in response to a shortage of supply or to effect repairs on the distribution system or while repairs are being made to consumer-owned equipment. 4.5.4 A distributor may require consumers or customers with permanently connected emergency backup generation facility to notify the distributor regarding the presence of such equipment. 4.5.5 A distributor shall require that a consumer’s or customer’s portable or permanently connected emergency backup generation facility complies with all applicable criteria of the Ontario Electrical Safety Code and does not adversely affect the distributor’s distribution system. 4.5.6 A distributor shall develop and maintain appropriate emergency plans in accordance with the requirements of the Minister of Energy, Science and Technology and in the Market Rules, regardless of whether the distributor is a wholesale market participant. A distributor’s emergency plan shall include, at a minimum, mutual assistance plans with neighbouring distributors or other measures to respond to a wide-spread emergency. 4.5.7 A distributor shall establish outage management policies that include the following: Arrangements for on-call personnel in accordance with good utility practice. Establishment and operation of a call centre or equivalent telephone service to provide consumers with available information regarding an outage. Identification of the location of distribution circuits for emergency services and critical customers such as hospitals, water supply, health care facilities, and designated emergency shelters for coordination with other agencies. Page 168 of 474 Distribution System Code 86 4.6 Health and Safety and Environment 4.6.1 A distributor shall follow good utility practices in operating and maintaining the distribution system and shall abide by safety rules and regulations that apply to routine utility work, including but not limited to the Occupational Health & Safety Act R.S.O. 1990 and any associated regulations. 4.6.2 A distributor shall be a member of an industry-specific, recognized health and safety organization in Ontario. 4.6.3 A distributor shall implement an industry recognized health and safety program that includes training and regularly conducted audits. This program also will include Public Education and Public Safety initiatives. 4.6.4 Any problems that a distributor identifies as part of the audit shall be remedied as soon as possible or in accordance with the distributor’s health and safety program. 4.6.5 A distributor shall have a corporate policy that addresses environmental stewardship that applies to all of the distributor’s operations. A documented program supporting procedures and appropriate training should be in place to ensure compliance with environmental regulations and indicate a proactive approach to environmental damage avoidance. 4.7 Farm Stray Voltage 4.7.1 In this section 4.7: ACC–means animal contact current, being the steady state 60 Hz (including harmonics thereof) root mean square alternating current when measured through a 500 Ohm resistor connected between animal contact points; ACV–means animal contact voltage, being the steady state 60 Hz (including harmonics thereof) root mean square alternating current voltage when Page 169 of 474 Distribution System Code 87 measured in parallel with a 500 Ohm resistor connected between animal contact points; “farm stray voltage” means ACC or ACV occurring at a location on a farm where livestock make contact with it; and “livestock farm customer” in respect of a distributor means any customer of the distributor that is engaged principally in livestock husbandry in an area zoned for agricultural use. 4.7.2 A distributor shall initiate a farm stray voltage investigation using the procedure set out in Appendix H where a livestock farm customer provides the distributor with information that reasonably indicates that farm stray voltage may be adversely affecting the operation of the livestock farm customer’s farm. 4.7.3 Where an investigation initiated under section 4.7.2 reveals that either: (a) ACC on the farm exceeds 2.0 milliamperes; or (b) ACV on the farm exceeds 1.0 volt, the distributor shall conduct tests in accordance with the investigation procedure set out in Appendix H to determine whether and the extent to which the distributor’s distribution system is contributing to farm stray voltage measured on the farm. 4.7.4 Where the tests referred to in section 4.7.3 reveal that the distributor’s distribution system is contributing more than 1 mA ACC or 0.5 V ACV to farm stray voltage on a farm, the distributor shall take such steps as may be required to ensure that such contribution does not exceed 1 mA ACC or 0.5 V ACV. 4.7.5 A distributor shall ensure that persons responsible for investigating, analyzing and determining the appropriate means of remediating farm stray voltage situations on the distributor’s behalf for the purposes of meeting the distributor’s obligations under this section 4.7 have competency in performing these activities. Page 170 of 474 Distribution System Code 88 Competency may be based on recognized qualification requirements that include a training course that meets the requirements of the tasks to be performed. Services provided in relation to these activities by a person that does not have the recognized qualification requirements shall be reviewed, affirmed and documented by a person with exhibited competency. 4.7.6 A distributor serving livestock farm customers shall document, post on its web site and otherwise make available to any person on request, and file with the Board upon request, a farm stray voltage customer response procedure that describes the steps involved in the distributor’s response to farm stray voltage complaints and inquiries. At a minimum, the customer response procedure must indicate: (a) how and to whom farm stray voltage complaints and inquiries should be made by livestock farm customers; (b) the types of information required by the distributor regarding the basis of the livestock farm customer’s concern that ACC/ACV from the distributor’s system is affecting farm operations; and (c) the estimated amount of time the distributor requires following receipt of a complaint or inquiry to contact the livestock farm customer for the purpose of scheduling a site visit for the purpose of initiating an investigation where an investigation is required. 4.7.7 A distributor shall record, retain for a period of five years and provide to the Board, on request and in the form and manner required by the Board, the following information: (a) the name and contact information of each livestock farm customer that submits a farm stray voltage complaint to the distributor, the date of the complaint and the date on which the matter was considered closed by the distributor; and (b) for each farm stray voltage investigation initiated by the distributor: Page 171 of 474 Distribution System Code 89 site information for the livestock farm customer’s farm, including location; the identity and design characteristics of the circuit(s) supplying the site; and distance of the site from the circuit substation and from the end of the circuit; an investigation report prepared in accordance with Appendix H, together with all other documentation required by Appendix H to be prepared; and identified ACC or ACV source(s) and distribution system contribution levels; any remediation measures taken; and the total cost of the investigation and of any remediation measures taken. 4.7.8 A distributor serving livestock farm customers shall, not less than annually, provide written notice to all livestock farm customers in its service area describing how they can obtain the following from the distributor: (a) information on what farm stray voltage is, what causes it, and common ways of addressing distribution system contributions to it; (b) a copy of the distributor’s farm stray voltage customer response procedure referred to in section 4.7.6; and (c) a copy of the distributor’s dispute resolution process set out in its Conditions of Service. Such notice may be given by including an insert with at least one bill submitted to livestock farm customers or by any other means as may reasonably be expected to bring the information to the attention of livestock farm customers. Posting of the information or of notice of the availability of the information on the distributor’s website alone shall not constitute sufficient written notice for the purposes of this section. Page 172 of 474 Distribution System Code 90 5 METERING 5.1 Provision of Meters and Metering Services 5.1.1 A distributor shall provide, install and maintain a meter installation for retail settlement and billing purposes for each customer connected to the distributor’s distribution system, subject to section 5.2.3. 5.1.2 A distributor may install a demand meter or interval meter for purposes of measuring demand in order to assign the customer to a rate class or to set the appropriate distribution services rate for that customer. 5.1.3 For the purposes of measuring energy delivered to the customer, a distributor shall: (a) install a MIST meter on any new installation that is forecast by the distributor to have a monthly average peak demand during a calendar year of over 50 kW; and (b) have until August 21, 2020 to install a MIST meter on any existing installation that has a monthly average peak demand during a calendar year of over 50 kW. 5.1.4 A distributor may set a threshold level for installation of MIST meters other than that required by section 5.1.3. as long as the threshold is delineated by customer class in the distributor’s Conditions of Service and sets a threshold lower than that required by section 5.1.3. 5.1.5 A distributor shall provide an interval meter within a reasonable period of time to any customer who submits to it a written request for such meter installation, either directly or through an authorized party, in accordance with the Retail Settlement Code, subject to the following conditions: The customer that requests interval metering shall compensate a distributor for all incremental costs associated with that meter, including the capital cost Page 173 of 474 Distribution System Code 91 of the interval meter, installation costs associated with the interval meter, ongoing maintenance (including allowance for meter failure), verification and reverification of the meter, installation and ongoing provision of communication line or communication link with the customer’s meter, and cost of metering made redundant by the customer requesting interval metering. The distributor shall determine whether the meter will be a MIST or MOST meter, subject to the requirements of this Code. A communication system utilized for MIST meters shall be in accordance with the distributor’s requirements. A communication line shall be required in the case of inside or restricted access meters. 5.1.6 A distributor shall identify in its Conditions of Service the type of meters that are available to a customer, the process by which a customer may obtain such meters and the types of charges that would be levied on a customer for each meter type. 5.1.7 For the purposes of sections 5.1.2 to 5.1.5 inclusive, a smart meter and unit smart meter is not an interval meter. 5.1.8 Section 5.1.7 ceases to have effect in relation to a distributor on the date determined for that purpose by the Board. 5.1.9 When requested to do so by a master consumer, a distributor shall install unit smart meters that meet the specifications prescribed by Ontario Regulation 389/10. 5.2 Metering Requirements for Generating Facilities 5.2.1 A distributor shall require that an embedded retail generator whose embedded generation facility has a gross name-plate capacity of more than 10 MW install a four-quadrant interval meter. A distributor shall require that a net metered Page 174 of 474 Distribution System Code 92 generator (as defined in section 6.7.1) and an embedded retail generator whose embedded generation facility has a gross name-plate capacity of 10 MW or less install such metering as may reasonably be required having regard to: (a) the meter data requirements necessary to enable the distributor to settle amounts owing to or from the embedded retail generator; and (b) the type of generation facility or generation technology of the embedded generation facility. 5.2.2 A distributor shall meter a customer with an embedded generation facility, other than an embedded retail generator or a net metered generator (as defined in section 6.7.1), in the same manner as the distributor’s other load customers. 5.2.3 A distributor shall require that a customer with an embedded generation facility connected to the distributor’s distribution system install its own meter in accordance with the distributor’s metering requirements and provide the distributor with the technical details of the metering installation. 5.2.4 Where practical, metering for an embedded generation facility shall be installed at the point of supply. If it is not practical to install the meter at the point of supply, a distributor shall apply loss factors to the generation output in accordance with the loss factors applied for retail settlements and billing. 5.3 VEE Process 5.3.1 Metering data collected by a distributor shall be subjected to a validating, estimating and editing (“VEE”) process if it is to be used for settlement and billing purposes. 5.3.2 A distributor shall establish a VEE process according to local practice that is fair and reasonable and provides assurance that correct data is submitted to the settlement process. The VEE process shall do the following: Page 175 of 474 Distribution System Code 93 Convert raw metering data into validated, corrected or estimated “settlement- ready” metering data suitable for use in determining settlement amounts in accordance with the settlement schedule in the Retail Settlement Code. Detect errors in metering data introduced as a result of improper operational conditions and/or hardware/software malfunctions, including failures of or errors in metering or communication hardware, and metering data exceeding pre-defined variances or tolerances. Use operational system data, including historical generation and load patterns and data collected by the distributor, as appropriate, for validating raw metering data, and for editing, estimating and correcting metering data found to be erroneous or missing. 5.3.3 A distributor’s VEE process for data from non-interval and MOST meters shall compare energy and demand (if applicable) readings from at least one equivalent historical billing period. A distributor shall determine the appropriate bandwidths by customer class and specify other criteria used in the VEE process. 5.3.4 A distributor’s VEE process for data from MIST meters shall consider industry standards specified by the IESO in its VEE process for registered wholesale meters. 5.3.5 A distributor shall document and make available its VEE process and criteria, and allow scrutiny of its process by customers, retailers, the Board and Measurement Canada. 5.3.6 A distributor shall comply with Measurement Canada standards as a minimum metering installation and measurement standard, and may apply any other practices that exceed those standards. 5.3.7 A distributor shall have an inspection program for complex [polyphase] metering installations and document the inspection and results of the inspection. Page 176 of 474 Distribution System Code 94 5.3.8 Where an embedded generation facility metering installation does not conform to Measurement Canada standards or the accuracy class of instrument transformers cannot be confirmed, a distributor shall require the embedded generation facility to have the metering installation, including instrument transformers, tested, and apply a Measurement Canada correction factor to meter readings until such time as standards conformance is achieved. 5.3.9 A distributor shall ensure that persons involved in metering services have competency in performing these services. Competency may be based on recognized qualification requirements that include a training course that meets the requirements of the tasks to be performed. Metering services provided by a person that does not have the recognized qualification requirements shall be reviewed, affirmed and documented by a person with exhibited competency. 5.3.10 A distributor that provides metering services directly or through a Meter Service Provider shall exercise appropriate diligence in detecting and acting upon instances of tampering with metering and service entrance equipment. Upon identification of possible meter tampering, the distributor should notify, as appropriate, Measurement Canada, police officials, the Electrical Safety Authority, or other entities. 5.3.11 Nothing in this Code shall affect the obligation of a distributor to comply with all Measurement Canada requirements provided that, where this Code or other conditions of licence prescribe a higher standard than that prescribed in those requirements, the distributor shall comply with the higher standard. 5.3.12 A distributor shall respond to customer and retailer metering disputes, and shall establish a fair and reasonable charge for costs associated with resolution of these disputes. If the complaint is substantiated, the charge shall not be applied. In resolving the dispute, a distributor may use a qualified, independent organization at any time during the dispute resolution process. 5.3.13 Notwithstanding any other provision of section 5.3, the VEE process for all data from a smart meter or unit smart meter shall be completed by one or more of: Page 177 of 474 Distribution System Code 95 (a) the Smart Metering Entity; (b) the IESO, in its capacity, given by regulation, to plan, manage and implement the smart metering initiative or any aspect of that initiative; or (c) the distributor, as may be provided by, and in accordance with, the VEE process established by the Smart Metering Entity or the IESO. Page 178 of 474 Distribution System Code 96 6 DISTRIBUTORS’ RESPONSIBILITIES 6.1 Responsibilities to Load Customers This section applies to load customers other than customers with existing or proposed embedded generation facilities that are not emergency backup generation facilities, and embedded distributors. 6.1.1 A distributor shall make every reasonable effort to respond promptly to a customer’s request for connection. In any event a distributor shall respond to a customer’s written request for a customer connection within 15 calendar days. A distributor shall make an offer to connect within 60 calendar days of receipt of the written request, unless other necessary information is required from the load customer before the offer can be made. 6.1.2 A distributor has an implied contract with any customer that is connected to the distributor’s distribution system and receives distribution services from the distributor. The terms of the implied contract are embedded in the distributor’s Conditions of Service, the Rate Handbook, the distributor’s rate schedules, the Distributor’s licence and the Distribution System Code. 6.1.2.1 Nothing in section 6.1.2 shall be construed as permitting a distributor to recover or to seek to recover charges for a service provided to a property from any person other than a person that has agreed to be the customer of the distributor in relation to the property or that has agreed to assume responsibility for those charges. 6.1.2.2 For the purposes of section 6.1.2.1, the agreement may be in electronic form pursuant to the Electronic Commerce Act, 2000, and includes telephone communications provided that a recording of the telephone communication is retained by the distributor for 24 months thereafter. Page 179 of 474 Distribution System Code 97 6.1.2.3 Section 6.1.2.1 applies to all agreements entered into after the effective date of these amendments and is not intended to void or cancel any binding agreements for service existing as of the effective date of these amendments. 6.1.3 A distributor may require a customer to enter into a Connection Agreement with the distributor if the distributor believes that the customer has characteristics that require an explicit document to describe the relationship between the distributor and the customer. Suggested information to be included in the Connection Agreement with customers is listed in Appendix D. 6.1.4 A distributor shall enter into a Connection Agreement with a customer that is connected to the distributor’s distribution system and is a wholesale market participant. 6.1.5 Before entering a property to carry out an activity described in section 40 of the Electricity Act, the person shall, in accordance with subsection 40(8) of the Electricity Act: provide reasonable notice of the entry to the occupier of the property; in so far as is practicable, restore the property to its original condition; and provide compensation for any damages caused by the entry that cannot be repaired. 6.2 Responsibilities to Generators 6.2.1 Section 6.2 does not apply to the connection or operation of an emergency backup generation facility or an embedded generation facility that is used exclusively for load displacement purposes at all times. 6.2.2 A distributor shall enter into a Connection Agreement with all existing generators who have a generation facility connected to the distributor’s distribution system and prior to connecting a new generation facility. Where a distributor does not have a Connection Agreement with an existing generator that has a generation Page 180 of 474 Distribution System Code 98 facility connected to the distributor’s distribution system, the distributor shall be deemed to have an implied contract with the generator. The terms of the implied contract are embedded in the distributor’s Conditions of Service, the Rate Handbook, the distributor’s rate schedules, the distributor’s licence and the Distribution System Code. Connection Process 6.2.3 A distributor shall promptly make available a generation connection information package (the “package”) to any person who requests this package. The package shall contain the following information: (a) the process for having a generation facility connected to the distributor’s distribution system, including any form necessary for applying to the distributor; (b) information regarding any approvals from the ESA, the IESO, OEB, or a transmitter that are required before the distributor will connect a generation facility to its distribution system; (c) the technical requirements for being connected to the distributor’s distribution system including the distributor’s feeder and substation technical capacity limits as well as metering requirements; (d) the standard contractual terms and conditions for being connected to the distributor’s distribution system; and (e) the name, telephone number and e-mail address of the distributor’s representative for inquiries relating to the connection of embedded generation facilities. 6.2.4 Subject to all applicable laws, a distributor shall make all reasonable efforts in accordance with the provisions of section 6.2 to promptly connect to its distribution system a generation facility which is the subject of an application for connection. Page 181 of 474 Distribution System Code 99 6.2.4.1 Subject to section 6.2.4.2, a distributor shall establish and maintain a capacity allocation process under which the distributor will process applications for the connection of embedded generation facilities. The capacity allocation process shall meet the following requirements: (a) each application for connection, including an application under section 6.2.25a, will be allocated capacity only upon completion of the distributor’s connection impact assessment, any required host distributor’s connection impact assessment, and any required review of TS supply capability for the embedded generation facility; (b) a connection impact assessment will not be completed for a proposed connection that cannot be completed within the feeder and/or substation technical capacity limits of the distributor’s distribution system, any host distributor’s distribution system or the supply TS and transmission system, including capacity additions contained in any Board approved plans to increase the capacity of one or more of the distributor’s distribution system, any host distributor’s distribution system or the supply TS and transmission system; (c) a connection impact assessment will not be completed unless the embedded generation facility which is the subject of the application meets the following requirements at the time the application is made: demonstrated site control over the land on which the embedded generation facility is proposed to be located and any required adjacent or buffer lands in the form of property ownership (deed), long term lease (lease agreement) or an executed option to purchase or lease the land. a proposed in-service date for the embedded generation facility which is no later than 5 years for water power projects or 3 years for all other types of projects from the initial date of application for connection or in accordance with the timelines in an executed OPA contract. Page 182 of 474 Distribution System Code 100 (d) the distributor shall notify the applicant when its capacity allocation is granted; (e) an applicant shall have its capacity allocation removed if: i) a connection cost agreement has not been signed in relation to the connection of the embedded generation facility within: (1) 6 months of the date on which the applicant received a capacity allocation for the proposed embedded generation facility; (2) 9 months of the date on which the applicant received a capacity allocation for the proposed large embedded generation facility if a transmission system impact assessment is required; or (3) 17 months of the date on which the applicant received a capacity allocation for the proposed large embedded generation facility if transmission upgrades are required in order to connect the large embedded generation facility; ii) a new connection impact assessment is prepared for a proposed embedded generation facility under section 6.2.15 and the new assessment differs in a material respect from the original connection impact assessment prepared for that facility; iii) any required deposits payable to the distributor pursuant to section 6.2.18A, 6.2.18B, or 6.2.18C have not been received by the date specified by the distributor; iv) the distributor is informed by the OPA that the applicant has defaulted on an executed OPA contract; or v) the applicant defaults on an executed connection cost agreement and fails to correct the default within 30 calendar days. Page 183 of 474 Distribution System Code 101 (f) If any applicant has its capacity allocation removed in accordance with paragraph (e), the amount of any capacity allocation deposit and or additional capacity allocation deposit paid pursuant to the connection cost agreement requirements in section 6.2.18 shall be forfeited by the applicant and retained by the distributor in a deferral account for disposition by the Board. The amount of any unspent connection cost deposit shall be returned to the applicant in accordance with the requirements of section 6.2.18 G. (g) the distributor shall provide the applicant with two months’ advance notice of the expiry of the applicable time period referred to in paragraph e(i) prior to removing the capacity allocated to the applicant. 6.2.4.2 Section 6.2.4.1 does not apply to an application to connect a micro-embedded generation facility, a capacity allocation exempt small embedded generation facility, or an embedded generation facility that is not an embedded retail generation facility. Applications to connect to which the capacity allocation process does not apply, including by virtue of section 6.2.1, shall be processed by a distributor in accordance with this Code as and when received. 6.2.4.3 Any application to connect a capacity allocation exempt small embedded generation facility that was received by a distributor prior to the date of coming into force of this section shall be processed by the distributor in accordance with the provisions of this Code applicable to such generation facilities as though the application to connect had been received by the distributor on the date of coming into force of this section. Page 184 of 474 Distribution System Code 102 Connection of Micro-Generation Facilities 6.2.5 A distributor shall require a person that applies for the connection of a micro- embedded generation facility to the distributor’s distribution system to provide, upon making the application, the following information: (a) the name-plate rated capacity of each unit of the proposed generation facility and the total name-plate rated capacity of the proposed generation facility at the connection point; (b) the fuel type of the proposed generation facility; (c) the type of technology to be used; and (d) the location of the proposed generation facility including address and account number with the distributor where available. 6.2.6 Where the proposed micro-embedded generation facility is: (a) located at an existing customer connection and a site assessment is not required, the distributor shall, within 15 days of receiving the application, make an offer to connect or provide reasons for refusing to connect the proposed generation facility; (b) located at an existing customer connection and a site assessment is required, the distributor shall, within 30 days of receiving the application, make an offer to connect or provide reasons for refusing to connect the proposed generation facility; or (c) located other than at an existing customer connection, the distributor shall, within 60 days of receiving the application, make an offer to connect or provide reasons for refusing to connect the proposed generation facility. Page 185 of 474 Distribution System Code 103 In all cases, the distributor shall give the applicant at least 30 days to accept the offer to connect and the distributor shall not revoke the offer to connect until this time period has expired. 6.2.6A If the connection of the micro-embedded generation facility will not require a site assessment, then the distributor cannot charge for the preparation of the offer to connect. 6.2.6B If the connection of the micro-embedded generation facility will require a site assessment, then the distributor may collect a connection deposit for the preparation of the offer to connect. The connection deposit shall not be more than $500 per offer to connect. 6.2.6C The connection deposit shall be provided in the form of cash, cheque, letter of credit from a bank as defined in the Bank Act, or surety bond. The distributor shall allow the applicant to select the form of the connection deposit. 6.2.6D If the distributor refuses to provide an offer to connect the micro-embedded generation facility due to technical limits or constraints, the connection deposit shall be refunded to the applicant. The distributor shall return the connection deposit to the applicant no later than 30 days after refusing to provide the offer to connect. 6.2.6E If the applicant does not accept the distributor’s offer to connect the micro- embedded generation facility, or if the applicant withdraws its application, then the distributor shall retain the connection deposit. 6.2.6F If the distributor determines that the actual costs of connecting the micro- embedded generation facility to the distributor’s distribution system are less than the connection deposit, the distributor shall, at the time of connection, refund the excess amount to the applicant. 6.2.6G Where the applicant provided the connection deposit to the distributor in the form of cash or cheque, and where the distributor has to refund any or all of the Page 186 of 474 Distribution System Code 104 connection deposit to the applicant in accordance with this Code, the return of the connection deposit shall be in accordance with the following conditions: (a) interest shall accrue monthly on the connection deposit amount commencing on the receipt of the connection deposit by the distributor; and (b) the interest rate shall be at the Prime Business Rate set by the Bank of Canada less 2 percent. 6.2.7 The distributor shall connect the applicant’s micro-embedded generation facility to its distribution system within 5 business days, or at such later date as agreed to by the applicant and the distributor, of the applicant informing the distributor that it has satisfied all applicable service conditions and received all necessary approvals, providing the distributor with a copy of the authorization to connect from the ESA, entering into a Connection Agreement in the form set out in Appendix E and paying the distributor for the connection costs, including costs for any necessary new or modified metering. 6.2.7A The requirement in section 6.2.7 must be met 90 percent of the time on a yearly basis. Connection of other Generation Facilities 6.2.8 Sections 6.2.9 to 6.2.20 apply to the connection to a distribution system of an embedded generation facility which is not a micro-embedded generation facility. 6.2.8A Notwithstanding any other provision of this Code, a distributor shall, for the purposes of determining the connection feasibility of a capacity allocation exempt small embedded generation facility and of determining the impact of such facility on the distributor’s distribution system and on any customers of the distributor, treat any capacity associated with a generation facility that has a capacity allocation referred to in section 6.2.4.1 as available capacity. 6.2.8B Where a distributor believes that, by virtue of the operation of section 6.2.8A, the connection of a capacity allocation exempt small embedded generation facility Page 187 of 474 Distribution System Code 105 cannot reasonably be managed by the distributor without adversely affecting the capacity allocation of a generation facility, the distributor shall promptly so notify the Board in writing. In such a case, and notwithstanding any other provision of this Code, the distributor shall not take any further steps to connect the capacity allocation exempt small embedded generation facility without further direction from the Board. 6.2.9 Where a person who is considering applying for the connection of a generation facility to the distributor’s distribution system requests a preliminary meeting with the distributor and provides the required information, the distributor shall provide a time when it is available to meet with the person which is within 15 days of the person providing the required information. For the purposes of this section, the following is the required information: (a) the name-plate rated capacity of each unit of the proposed generation facility and the total name-plate rated capacity of the generation facility at the connection point; (b) the fuel type of the proposed generation facility; (c) the type of technology to be used; and (d) the proposed locations of the proposed generation facility including addresses and account numbers with the distributor where available. 6.2.9.1 Upon request, a distributor shall provide the following to a person that has requested a meeting under section 6.2.9: (a) a description of the portion of the distributor’s distribution system relevant to the person’s embedded generation facility, including the corresponding portions of an up-to-date system schematic map showing, at a minimum, the following: major distribution and sub-transmission lines; Page 188 of 474 Distribution System Code 106 transformer and distribution stations; the voltage levels used for distribution; sufficient geographic references to enable the person to correlate all of the above features with a municipal road map; and such other information as the Board may from time to time determine; (b) subject to section 6.2.9.4, information on voltage level, fault level and minimum/maximum feeder loadings for up to three locations in the distributor’s service area; and (c) for each of the proposed locations included in the request, information about the amount of additional generation, above and beyond what is already connected and what capacity has already been allocated, that can be accommodated i) within the distributor’s feeder and/or substation technical capacity limits; ii) within any host distributor’s feeder and/or substation capacity limits; iii) within the transmitter’s TS technical capacity limits; and iv) without exceeding the IESO’s requirement for a SIA. 6.2.9.2 The distributor shall provide the information referred to in section 6.2.9.1 without charge and within the 15 days referred to in section 6.2.9. 6.2.9.3 Upon request, a distributor shall, subject to section 6.2.9.4, provide the information referred to in section 6.2.9.1(b) to a person that has requested a meeting under section 6.2.9 for one or more additional locations beyond the three required by section 6.2.9.1(b). The distributor shall use reasonable efforts to provide such information within the 15 days referred to in section 6.2.9, but shall in any event provide that information within a further 15 days. The distributor may recover from the person the reasonable costs incurred by the distributor in preparing the information for the additional locations. 6.2.9.4 A distributor may withhold information on minimum/maximum feeder loadings where the distributor believes on reasonable grounds that the disclosure of such Page 189 of 474 Distribution System Code 107 information could be used to identify the load characteristics of an existing customer and that the loading information is therefore commercially sensitive. A distributor shall, before deciding to withhold such information, make reasonable efforts to obtain the consent of the existing customer to the disclosure of the loading information. 6.2.10 At the preliminary meeting, the distributor shall discuss the basic feasibility of the proposed connection including discussing the location of existing distribution facilities in relation to the proposed generation facility and providing an estimate of the time and costs necessary to complete the connection. The distributor shall not charge for its preparation for and attendance at the meeting. 6.2.11 A distributor shall require a person who applies for the connection of a generation facility to the distributor’s distribution system to, upon making the application, pay their impact assessment costs and provide the following information: (a) evidence that the requirements set out in section 6.2.4.1(c) have been met; (b) the proposed point of common coupling with the distribution system; (c) the information set out in section 6.2.9 if this has not already been provided to the distributor; (d) a single line diagram of the proposed connection; (e) a preliminary design of the proposed interface protection; and (f) all necessary technical information required by the distributor to complete the connection impact assessment. 6.2.12 Subject to sections 6.2.4.1(b), 6.2.4.1(c) and 6.2.4.2, the distributor shall provide an applicant proposing to connect a small embedded generation facility with its assessment of the impact of the proposed generation facility, a detailed cost estimate of the proposed connection and an offer to connect within: Page 190 of 474 Distribution System Code 108 (a) 60 days of the receipt of the application where no distribution system reinforcement or expansion is required; and (b) 90 days of the receipt of the application where a distribution system reinforcement or expansion is required. An offer to connect made to an applicant proposing to connect a capacity allocation exempt small embedded generation facility may be revoked by the distributor if not accepted by the applicant within 60 days. 6.2.13 Subject to sections 6.2.4.1(b) and 6.2.4.1(c), the distributor shall provide its assessment of the impact of the proposed embedded generation facility within: (a) 60 days of the receipt of the application in the case of a proposal to connect a mid-sized embedded generation facility; and (b) 90 days of the receipt of the application in the case of a proposal to connect a large embedded generation facility. 6.2.14 The distributor’s impact assessment shall set out the impact of the proposed embedded generation facility on the distributor’s distribution system and any customers of the distributor including: (a) any voltage impacts, impacts on current loading settings and impacts on fault currents; (b) the connection feasibility; (c) the need for any line or equipment upgrades; (d) the need for transmission system protection modifications; and (e) any metering requirements. 6.2.14A The distributor shall, within 10 days of initiating a connection impact assessment study, advise in writing any transmitter or distributor whose transmission or Page 191 of 474 Distribution System Code 109 distribution system is directly connected to the specific feeder or substation to which the proposed embedded generation facility is proposing to connect. The distributor shall include in the written communication, at a minimum, the proposed in-service date, the rated capacity and type of technology of the proposed embedded generation facility. If the distributor requires a transmitter or host distributor to complete a TS review study or connection impact assessment, the distributor shall file an application with the transmitter or host distributor for such. A distributor will also inform the transmitter or distributor in writing on an ongoing basis of any change in status of the project including removing the capacity allocation for the project, material changes in the projected in-service date of the project or placing the project in service. 6.2.15 Any material revisions to the design, planned equipment or plans for the proposed embedded generation facility and connection shall be filed with the distributor and the distributor shall prepare a new impact assessment within the relevant time period set out in section 6.2.12 or 6.2.13. If the new impact assessment differs in a material respect from the original connection impact assessment for the project, the project shall have its capacity allocation removed in accordance with the requirements of section 6.2.4.1 (e) ii. 6.2.16 In the case of an application for the connection of a mid-sized or large embedded generation facility, once the impact assessment is provided to the applicant, the distributor and the applicant have entered into an agreement on the scope of the project and the applicant has paid the distributor for the cost of preparing a detailed cost estimate of the proposed connection, the distributor shall provide the applicant with a detailed cost estimate and an offer to connect by the later of 90 days after the receipt of payment from the applicant and 30 days after the receipt of comments from a transmitter or distributor that has been advised under section 6.2.17. 6.2.17 Where a distributor is preparing a detailed cost estimate in accordance with section 6.2.16 with respect to a proposed large or mid-sized embedded generation facility, the distributor shall advise any transmitter or distributor whose Page 192 of 474 Distribution System Code 110 transmission or distribution system is directly connected to the distributor’s distribution system that it is preparing an estimate, within 10 days of receiving payment from the applicant. Where a distributor is preparing a detailed cost estimate in accordance with section 6.2.12 with respect to a proposed small embedded generation facility, the distributor shall, where the distributor believes a system directly connected to its system may be impacted by the proposed generation facility, advise any transmitter or distributor whose transmission or distribution system is directly connected to the distributor’s distribution system that it is preparing an estimate, within 10 days of receiving payment from the applicant. 6.2.18 A distributor shall enter into a connection cost agreement with an applicant in relation to a small embedded generation facility, a mid-sized embedded generation facility or a large embedded generation facility. The connection cost agreement shall include the following: (a) a requirement that the applicant pay a connection cost deposit equal to 100% of the total estimated allocated cost of connection at the time the connection cost agreement is executed; (b) if the applicant does not have an executed OPA contract which includes a requirement for security deposits or similar payments, a requirement that the applicant pay a capacity allocation deposit equal to $20,000 per MW of capacity of the embedded generation facility at the time the connection cost agreement is executed; (c) if the applicant does not have an executed OPA contract which includes a requirement for additional security deposits or similar payments, a requirement that if fifteen (15) calendar months following the execution of the connection cost agreement the embedded generation facility is not connected to the distributor’s distribution system, the applicant must pay an additional capacity allocation deposit equal to $20,000 per MW of capacity of the embedded generation facility on the first day of the sixteenth(16th) calendar month following the execution of the connection cost agreement; Page 193 of 474 Distribution System Code 111 (d) if the applicant has an executed OPA contract which includes a requirement for security deposits or similar payments, the distributor shall not require the applicant to pay a capacity allocation deposit or an additional capacity allocation deposit; (e) a requirement that the mutually agreed upon in-service date is no later than 5 years for water power projects or 3 years for all other types of projects from the initial date of application for connection or in accordance with the timelines in an executed OPA contract; (f) a requirement that the applicant complete its engineering design and provide detailed electrical drawings to the distributor at least 6 months prior to the specified in-service date or as reasonably required by the distributor; (g) any requirements relating to the applicant’s acceptance of the distributor’s offer to connect and the connection costs; and (h) the timing of the connection. The distributor’s offer to connect shall be attached as an appendix to and form part of the cost connection agreement. Once the applicant has entered into a connection cost agreement with the distributor and has provided the distributor with detailed engineering drawings with respect to the proposal, the distributor shall conduct a design review to ensure that the detailed engineering plans are acceptable. 6.2.18A For any proponent that executed a connection cost agreement prior to the date of coming into force of this section, but is not yet connected to the distributor’s distribution system, the distributor shall notify the proponent of that embedded generation facility, within 60 days of this section coming into force, that a connection cost deposit equal to 100% of the total allocated cost of connection and a capacity allocation deposit equal to $20,000 per MW of capacity of the embedded generation facility must be paid within 60 days of the distributor’s notice as a condition of the applicant maintaining its current capacity allocation. Page 194 of 474 Distribution System Code 112 6.2.18B For any proponent that executed a connection cost agreement prior to the date of coming into force of this section, but is not yet connected to the distributor’s distribution system and for which fifteen (15) calendar months or more have elapsed since the date on which the proponent executed a connection cost agreement, the distributor shall notify the proponent of that embedded generation facility, within 60 days of this section coming into force, that an additional capacity allocation deposit equal to $20,000 per MW of capacity for the embedded generation facility must be paid within 60 days of the distributor’s notice as a condition of the applicant maintaining its current capacity allocation. For clarity, this additional capacity allocation deposit is in addition to any deposit that may be required under section 6.2.18A. 6.2.18C For any proponent that was allocated capacity but that had not yet executed a connection cost agreement on or before the date of coming into force of this section for one or both of the following reasons: (a) the connection impact assessment was completed within the last 12 months, (b) an IESO System Impact Assessment (“SIA”) is required and has not yet been completed, the distributor shall notify the applicant within 60 days of the later of i) the project having been allocated capacity for a period of 12 months or ii) the SIA study being completed and its impact on the generation facility being identified, that as a condition of the applicant maintaining its current capacity allocation the applicant must execute a connection cost agreement with the distributor within 60 days of the distributor’s notice. 6.2.18D Any connection cost deposit, capacity allocation deposit or additional capacity allocation deposit required to be obtained by the distributor pursuant to this Code shall be in the form of cash, letter of credit from a bank as defined in the Bank Act, or surety bond. The distributor shall allow the applicant to select the form of any required connection cost deposit, capacity allocation deposit and/or additional capacity allocation deposit. Page 195 of 474 Distribution System Code 113 6.2.18E The connection cost deposit shall be used by the distributor to pay for costs allocated to the applicant and related to the connection of the embedded generation facility to the distribution system in accordance with the terms of the relevant connection cost agreement. 6.2.18F If, following the connection of an embedded generation facility to the distributor’s distribution system the distributor determines that the amount of the connection cost deposit provided by the applicant exceeded the costs allocated to the applicant and related to connecting the generation facility to the distributor’s distribution system, the distributor shall at the time of connection refund to the applicant the amount by which the connection cost deposit exceeded the costs related to connecting the embedded generation facility. 6.2.18G The distributor shall, no later than 30 calendar days after the applicant has its capacity allocation removed in accordance with subsection 6.2.4.1(e), refund to the applicant the amount of any remaining connection cost deposit provided by the applicant to the distributor pursuant to a connection cost agreement, provided that if the distributor has incurred costs associated with the connection of the applicant’s embedded generation facility to the distributor’s distribution system in accordance with the relevant connection cost agreement, the distributor shall subtract the amount of any such incurred costs from the total connection cost deposit amount provided by the applicant prior to remitting any refund to the applicant. 6.2.18H The distributor shall refund to the applicant the amount of any capacity allocation deposit or additional capacity allocation deposit provided by the applicant to the distributor no later than 30 calendar days after the applicant connects to the distributor’s distribution system. 6.2.18I Where any connection cost deposit, capacity allocation deposit or additional capacity allocation deposit is provided by an applicant to a distributor in the form of cash and where the distributor refunds all or any portion of such connection cost deposit, capacity allocation deposit or additional capacity allocation deposit Page 196 of 474 Distribution System Code 114 to the applicant in accordance with this Code, the return of such deposit or deposits shall be in accordance with the following conditions: (a) interest shall accrue monthly on the deposit amounts commencing on the receipt of the deposit required by the distributor; and (b) the interest rate shall be at the Prime Business Rate set by the Bank of Canada less 2 percent. 6.2.19 The distributor shall have the right to witness the commissioning and testing of the connection of the generation facility to the distributor’s distribution system. 6.2.20 Once the applicant informs the distributor that it has received all necessary approvals, provides the distributor with a copy of the authorization to connect from the ESA and enters into the Connection Agreement, the distributor shall act promptly to connect the generation facility to its distribution system. 6.2.21 Subject to any delays in commissioning and testing of the generation facility which are beyond the control of the distributor, a distributor shall connect a proposed small embedded generation facility within: (a) 60 days of the applicant taking the steps set out in section 6.2.20, where no distribution system reinforcement or expansion is required; and (b) 180 days of the applicant taking the steps set out in section 6.2.20, where a distribution system reinforcement or expansion is required. 6.2.22 A Connection Agreement for a small, mid-sized or large embedded generation facility shall be in the form set out in Appendix E where a standard form of contract is set out in Appendix E for that size of embedded generation facility. 6.2.23 Material on the process for connecting a generation facility to a distribution system is set out in Appendix F.1. This material is for information purposes only and the provisions of the Code govern in the case of any conflict. Page 197 of 474 Distribution System Code 115 6.2.24 A distributor may by written agreement with an applicant who is proposing to connect a small, mid-sized or large embedded generation facility provide that the process for connecting the generation facility to be followed is the process set out for a smaller category of embedded generation facility, including a micro- embedded generation facility. 6.2.25a A distributor shall require a generator that proposes to increase the output of an embedded generation facility that is then in service to submit a new application to connect, and the provisions of sections 6.2.9 to 6.2.24 shall apply. Technical Requirements 6.2.25 A distributor shall ensure that the safety, reliability and efficiency of the distribution system is not materially adversely affected by the connection of a generation facility to the distribution system. A distributor shall require that new or significantly modified generation facilities meet the technical requirements specified in Appendix F.2. 6.2.26 A distributor shall ensure that the distribution system is adequately protected from potential damage or increased operating costs resulting from the connection of a generation facility. Despite section 2.2.1, if damage to the distribution system or increased operating costs result from the connection of a generation facility other than a micro-embedded generation facility, the distributor shall be reimbursed for these costs by the generator. 6.2.27 A distributor shall require that a generator with a generation facility connected to the distributor’s distribution system has a regular, scheduled maintenance plan to ensure that the generator’s connection devices, protection systems and control systems are maintained in good working order. This requirement will be provided for in the connection agreement. 6.2.28 All equipment that is connected, operating or procured or ordered before May 1, 2002 is deemed to be in compliance with the technical requirements of this code. Page 198 of 474 Distribution System Code 116 6.2.29 A distributor may require that equipment deemed compliant under section 6.2.28 be brought into actual compliance with the technical requirements of this code within a specific reasonable time period where there is: (a) a material deterioration of the reliability of the distribution system resulting from the performance of the generator’s equipment; (b) a material negative impact on the quality of power of an existing or a new customer resulting from the performance of the generator’s equipment; or (c) a material increase in generator capacity at the site where the equipment deemed compliant is located. 6.2.30 The distributor may act in accordance with section 6.2.29, once the distributor has developed rules and procedures for requiring equipment to be brought into actual compliance and these rules and procedures have been provided to the generator. 6.2A Connection Process for Distributor-owned Generation Facilities 6.2A.1 Except as otherwise provided in sections 6.2A.2 to 6.2A.6, a distributor shall connect a generation facility that will be owned by it in accordance with section 6.2 6.2A.2 The following sections do not apply in respect of the connection of a generation facility that will be owned by the distributor to whose distribution system the facility is being connected: 6.2.3; 6.2.4.1(d); 6.2.4.1(g); 6.2.5; 6.2.9; 6.2.9.1; 6.2.9.2 6.2A.3 In applying section 6.2 in relation to a generation facility that will be owned by the distributor to whose distribution system the generation facility will be connected, the following shall apply: (a) the distributor shall be deemed to be and shall in all respects be treated as the “applicant” or person applying for the connection of a generation facility (however that may be expressed in section 6.2); Page 199 of 474 Distribution System Code 117 (b) where a provision in section 6.2 requires an applicant or generator to pay a cost, charge, fee or other amount of money or requires a distributor to refund or return a cost, charge, fee or other amount of money to an applicant or a generator, the distributor shall instead record the relevant amount in accordance with the Accounting Guidelines. The payment requirement shall be deemed to have been satisfied on the date on which the requisite accounting record is made by the distributor; (c) where a provision in section 6.2 requires an applicant or generator to provide a deposit or requires a distributor to refund or return all or part of a deposit to an applicant or a generator, the distributor shall instead record the relevant amount in accordance with the Accounting Guidelines. The requirement to provide, refund or return a deposit shall be deemed to have been satisfied on the date on which the requisite accounting record is made by the distributor; (d) the distributor shall complete its standard connection application form applicable to the type and size of its generation facility, and shall append to that form any information that would be required to be provided by a third party applicant under section 6.2.5 or 6.2.9, as applicable, and section 6.2.11, if that information is not already covered by the standard application. This completed form shall be deemed to be and shall in all respects be treated as the application to connect (however that may be expressed in section 6.2); and (e) the date on which an application is filed with the Ontario Power Authority for a contract under the Feed-in Tariff program in relation to the output of the distributor’s generation facility shall be deemed to be and shall in all respects be treated as the date of receipt by the distributor of the application to connect its generation facility, and the distributor shall date stamp the application form referred to in section paragraph (d) accordingly. For the purposes of this section: (i) “deposit” means a capacity allocation deposit, an additional capacity allocation deposit and a connection cost deposit, as Page 200 of 474 Distribution System Code 118 applicable; and (ii) “Accounting Guidelines” means all requirements established by the Board and in effect at the relevant time in respect of the accounting records, accounting principles and accounting separation standards to be followed by the distributor in relation to a generation facility owned by the distributor, including the “Guidelines: Regulatory and Accounting Treatments for Distributor-Owned Generation Facilities” (G-2009-0300). 6.2A.4 The following shall apply in relation to the connection of a generation facility that will be owned by the distributor to whose distribution system the generation facility will be connected: (a) where capacity can be allocated in respect of the generation facility in accordance with the applicable provisions of section 6.2, capacity shall be allocated in relation to the generation facility within 150 days from the deemed date of receipt of the application, determined in accordance with section 6.2A.3(e). The distributor shall document the date on which capacity has been allocated in relation to the generation facility; (b) in lieu of the requirement set out in section 6.2.4.1(e)(v), capacity allocated in respect of the generation facility shall be removed if the distributor or the generation facility fail to satisfy any of the requirements of a connection cost agreement referred to in section 6.2A.4(i); (c) in lieu of section 6.2.6, the following shall apply: i) the distributor shall complete its standard offer to connect applicable to micro-embedded generation facilities in relation to its generation facility within the applicable timeline set out in section 6.2.6; and ii) the distributor the distributor shall ensure that all applicable requirements of that standard offer to connect are met by or in relation to its generation facility; (d) in lieu of section 6.2.7, the following shall apply: Page 201 of 474 Distribution System Code 119 i) the distributor shall document the receipt of all of the necessary approvals or the authorization to connect referred to in section 6.2.7; ii) in lieu of the requirement to enter into a Connection Agreement, the distributor shall ensure that all applicable requirements of the Connection Agreement are met by or in relation to its generation facility; and iii) subject to paragraph (ii), the distributor shall connect its generation facility to its distribution system within 5 days of the receipt of last necessary approval or authorization referred to in section 6.2.7; (e) in lieu of section 6.2.12, the following shall apply: i) the distributor shall complete an assessment of the impact of its generation facility and a detailed cost estimate of the proposed connection within the applicable timeline set out in section 6.2.12; ii) the distributor shall complete its standard offer to connect applicable to the type and size of its generation facility within the applicable timeline set out in section 6.2.6; iii) the distributor shall ensure that all applicable requirements set out in its standard offer to connect are met by or in relation to its generation facility; and iv) in lieu of the permission to revoke the standard offer to connect, if the distributor has not satisfied the obligation to provide any required deposits (as defined in section 6.2A.3) in the manner specified in section 6.2A.3(b) within 60 days of the date on which the distributor completes the standard offer to connect, the distributor shall terminate the connection process in relation to its generation facility and the capacity allocated to that facility shall be removed. The distributor shall not thereafter connect the generation facility except further to the Page 202 of 474 Distribution System Code 120 preparation of a new application for connection as set out in section 6.2A.3(d); (f) in lieu of section 6.2.13, the distributor shall complete an assessment of the impact of its generation facility within the applicable timeline set out in section 6.2.13; (g) in lieu of section 6.2.15, where a material revision to the design, planned equipment or plans for its generation facility is proposed by the distributor, the distributor shall document the details of such revision; (h) in lieu of section 6.2.16, the following shall apply: i) the distributor shall complete a detailed cost estimate of the proposed connection within the timeline set out in section 6.2.16; ii) the distributor shall complete its standard offer to connect applicable to the type and size of its generation facility within the applicable timeline set out in section 6.2.16; and iii) the distributor shall ensure that all applicable requirements set out in its standard offer to connect are met by or in relation to its generation facility; (i) in lieu of section 6.2.18, the following shall apply: i) the distributor shall ensure that all of the requirements that must be included in a connection cost agreement as set out in section 6.2.18, other than in section 6.2.18 (g), as well as all other applicable requirements contained in the distributor’s standard connection cost agreement applicable to the type and size of its generation facility are met by or in relation to its generation facility; and ii) for the purposes of paragraph (i), the timelines expressed in section 6.2.18(c) by reference to the execution of a connection cost agreement shall instead be calculated by reference to the date that is 150 days from Page 203 of 474 Distribution System Code 121 the date of deemed receipt of the application to connect, determined in accordance with section 6.2A.3(e); (j) in lieu of section 6.2.20, the following shall apply: i) the distributor shall document the receipt of all of the necessary approvals and of the authorization to connect referred to in section 6.2.20; ii) in lieu of the requirement to enter into a Connection Agreement, the distributor shall ensure that all applicable requirements set out in the applicable form of Connection Agreement are met by or in relation to its generation facility; and iii) subject to paragraph (ii), the distributor shall promptly connect its generation facility to its distribution system following receipt of the last necessary approval or authorization referred to in section 6.2.20; (k) to section 6.2A.2, sections 6.2.12 to 6.2.24 shall apply. 6.2A.5 Where any provision of section 6.2A requires a distributor to ensure that all applicable requirements of a standard offer to connect or of an agreement are met, a senior officer of the distributor shall certify such compliance in writing. Such certification shall be completed in respect of each such requirement at the time at which the distributor has taken the necessary steps to confirm that the requirement has been met. 6.2A.6 Where any provision of section 6.2A requires a distributor to document information or to complete a document, the distributor shall retain the document until two years after the date on which the connection process is terminated in respect of its generation facility or the date on which its generation facility ceases to be connected to its distribution system. Page 204 of 474 Distribution System Code 122 6.3 Responsibilities to Other Distributors 6.3.1 A distributor shall make every reasonable effort to respond promptly to another distributor’s request for connection. A distributor shall provide an initial consultation with another distributor regarding the connection process within thirty (30) days of receiving a written request for connection. A final offer to connect the distributor to the host distributor’s distribution system shall be made within ninety (90) days of receiving the written request for connection, unless other necessary information outside the distributor’s control is required before the offer can be made. 6.3.2 A distributor shall make a good faith effort to enter into a Connection Agreement with a distributor connected to the distributor’s distribution system. The contents and format of the Connection Agreement are in the discretion of the distributors that participate in the Connection Agreement but must conform to the requirements of this Code. Appendix G provides an example of the process that distributors should follow in providing a connection to another distributor. 6.3.3 The reliability of supply and the voltage level at the delivery point from a host distributor’s distribution system to an embedded distributor’s distribution system shall be as good as or better than what is provided to the host distributor’s other distribution customers. 6.3.4 A distributor shall not build any part of its distribution system in another distributor’s licensed service area except under the following conditions: The part of the distribution system that is to be located inside another licensed service area is dedicated to the delivery of electricity to the distributor who owns the distribution facilities; and There is no apparent opportunity for both distributors to share the distribution facilities; and Page 205 of 474 Distribution System Code 123 The distributor in whose service area the distribution facilities are to be located determines that the presence of the distribution facilities in that location does not impinge on its distribution operations. 6.3.5 A distributor that owns equipment in another distributor’s licensed service area shall allow that distributor access to the equipment for the following reasons: Emergencies. When the equipment may cause a violation of a licence condition by the distributor who is licensed for the service area. Upon a reasonable request by the distributor who is licensed for the service area. In accordance with any arrangement between the two distributors. 6.4 Sharing Arrangements Between Distributors 6.4.1 A distributor that owns distribution facilities in another distributor’s licensed service area, and decides to share those distribution facilities with the distributor licensed to serve the service area, shall have an agreement that describes the terms of the sharing arrangement with the other distributor. 6.4.2 An operating agreement for multiple ownership circuits shall include, among other conditions, clauses that require that: Each section owner provide downstream owners with fault current information and protection settings of upstream protective devices. Each section owner provides upstream owners with load forecasting information. Each section owner maintains phase balance within generally acceptable industry standards. Page 206 of 474 Distribution System Code 124 Each section owner ensure generally acceptable industry standards pertaining to power quality and voltage levels are adhered to on the section owner’s portion of the feeder. The owner of the feeder breaker be responsible for maintaining appropriate relay settings for overall feeder protection. Each distributor be responsible to provide the required information to accomplish appropriate relay settings for overall feeder protection, including information on feeder characteristics and loading information. 6.4.3 In existing or new multiple ownership circuits, a distributor shall be responsible for maintenance, protection and power quality of the distributor’s own portion of the shared feeder. The distributor shall ensure that its portion of the feeder has proper fault protection and voltage within proper limits. This generally would require the owner of each section of the feeder to provide for suitable overcurrent protection devices and voltage regulators, as appropriate, at the upstream boundary and suitable metering, if not already available for settlement purposes, at the downstream boundary. 6.5 Load Transfers 6.5.1 A distributor (referred to in this section as the geographic distributor) that provides distribution services through a load transfer may continue to do so under the following conditions: The load transfer customer enters into a Connection Agreement or is deemed to have an implied contract with the geographic distributor and interacts only with the geographic distributor. The geographic distributor provides service to the load transfer customer in accordance with its Conditions of Service and bills the load transfer customer in accordance with its regulated charges and rates. Page 207 of 474 Distribution System Code 125 The geographic distributor is responsible for system reliability or equipment failures associated with the distribution system equipment it owns or operates that is used to deliver electricity to the load transfer customer. The geographic distributor allows the distributor that owns the connection assets (referred to as the physical distributor) access to the distribution equipment used to service the load transfer customer, as required for system reliability and safety. The geographic distributor is responsible to the physical distributor for all charges and costs incurred by the load transfer customer for all costs defined in Retail Settlement Code, including distribution costs, competitive electricity costs and non-competitive electricity costs provided to the customer through the physical distributor’s distribution system. The geographic distributor is responsible for facilitating the load transfer customer’s access to retail competition and shall interact with any competitive retailer chosen by the customer. 6.5.2 A physical distributor that provides distribution services through a load transfer may continue to do so under the following conditions: The physical distributor refers the load transfer customer or a retailer that intends to service the load transfer customer to the geographic distributor for all issues. The geographic distributor is responsible to work with the physical distributor on any issues that are the direct responsibility of the physical distributor. The physical distributor is responsible for system reliability or equipment failures associated with the distribution system equipment it owns or operates that is used to deliver electricity to the load transfer customer. The physical distributor allows the geographic distributor access to its equipment, as required for system reliability and safety. Page 208 of 474 Distribution System Code 126 6.5.3 All load transfer arrangements shall be eliminated by transferring the load transfer customers to the physical distributor by June 21, 2017. The geographic distributor shall apply to the Board for a service area amendment to the necessary licence(s) to effect the transfer. 6.5.4 If the transfer to the physical distributor results in the load transfer customer(s) paying higher delivery charges, the physical distributor shall apply rate mitigation in a manner that is approved by the Board. 6.5.5 Until such time as the load transfer arrangement is eliminated under section 6.5.3, the physical distributor shall be obligated to continue to service an existing load transfer customer. 6.5.6 A distributor shall not enter into any new load transfer arrangements. 6.6 Provision of Information 6.6.1 A distributor shall communicate general market and educational information to consumers connected to its distribution system as required by the Board. 6.6.2 A distributor shall inform a person about the person’s obligations to the distributor, and shall monitor and require compliance to ensure that the person is meeting its obligations. A distributor shall inform the consumer or customer about the distributor’s rights to disconnect service. 6.6.3 At the request of a consumer, a distributor shall provide a list of retailers who have Service Agreements in effect with the distributor. The list shall conform to the requirements of section 2.5 of the Affiliate Relationships Code. The list should inform the consumer that an alternative retailer does not have to be chosen in order to ensure that the consumer receives electricity and the terms of service that are available under Standard Supply Service. 6.6.4 A distributor shall not provide information on products retailed by a retailer. Page 209 of 474 Distribution System Code 127 6.6.5 Upon receiving an inquiry from a consumer connected to its distribution system, the distributor shall either respond to the inquiry if it deals with the distributor’s distribution services or provide the consumer with contact information for the entity responsible for the item of inquiry, in accordance with chapter 7 of the Retail Settlement Code. 6.6.6 An embedded distributor that receives electricity from a host distributor shall provide load forecasts or any other information related to the embedded distributor’s system load to the host distributor, as determined and required by the host distributor. A distributor shall not require any information from another distributor unless it is required for the safe and reliable operation of either distributor’s distribution system or to meet a distributor’s licence obligations. 6.7 Net Metered Generators 6.7.1 In this section 6.7: “eligible generator” in respect of a distributor means a customer of a distributor that meets the criteria set out in section 7(1) of the Net Metering Regulation; “net metered generator” means an eligible generator to whom net metering has been made available by a distributor; and “Net Metering Regulation” means the Net Metering Regulation, O. Reg. 541/05. 6.7.2 A distributor shall, upon request, make net metering available to eligible generators in its licensed service area in accordance with the Net Metering Regulation, on a first-come first-served basis, unless the cumulative generation capacity from net metered generators in its licensed service area equals one percent of the distributor’s annual maximum peak load for the distributor’s licensed service area, averaged over three years, as determined by the Board from time to time. Page 210 of 474 Distribution System Code 128 6.7.3 A distributor shall bill a net metered generator on a net metering basis in accordance with the Net Metering Regulation provided that the net metered generator meets the requirements of the Net Metering Regulation. 6.7.4 A distributor may, upon request, make net metering available to additional eligible generators in its licensed service area and may bill them on a net metering basis when the cumulative maximum generation capacity from net metered generators in its licensed service area exceeds one percent of the distributor’s annual maximum peak load for the distributor’s licensed service area, averaged over three years, as referred to in section 6.7.2. 6.7.5 A distributor shall, in the manner and time specified by the Board, file with the Board the total rated maximum output capacity of generation facilities in its licensed service area to which net metering has been made available as of: February 10, 2006; and such later dates as are determined by the Board. 6.8 Cyber Security 6.8.1 Reporting 6.8.1.1 A distributor shall report to the Board on the status of cyber security readiness referencing the Cyber Security Framework at such times and in such a manner as may be directed by the Board. 6.8.1.2 The Chief Executive Officer of the distributor shall certify the distributor’s reported cyber security readiness in such a form as may be required by the Board. 6.8.2 Continuing Obligations Re Distribution System and Privacy Nothing in this section shall limit any obligations of a distributor to maintain the reliability and integrity of its distribution system, and to protect personal information. Page 211 of 474 Distribution System Code 129 7 SERVICE QUALITY REQUIREMENTS 7.1 Definitions In this section 7, the following words have the meanings set out below. "accurate bill" means a bill that contains correct customer information, correct meter readings, and correct rates that result in an accurately calculated bill. “answered” means connected to a person that is a representative of the distributor. Connection to a voice mailbox or an answering machine, or placing a person in a queue, does not constitute answering. “customer care telephone number” means any telephone number that is dedicated exclusively to, and given to the public by the distributor for, the purpose of contacting the distributor on matters concerning customer care, including customer account enquiries and other customer service enquiries. Where a distributor does not have a telephone number dedicated exclusively to matters concerning customer care, any telephone number given to the public for the purpose of making enquiries of the distributor shall be deemed to be a “customer care telephone number”. “emergency call” means a call where the assistance of the distributor has been requested by fire, ambulance or police services. “qualified enquiry” means an enquiry received by a distributor from a customer or representative of a customer pertaining to the customer’s existing or prospective service in which a written response is requested by the customer or representative of the customer or determined by the distributor to be necessary. A “qualified enquiry” does not include any of the following, which shall be addressed in accordance with other applicable requirements: cable locate requests; retailer Service Transaction Requests; and enquiries of a general nature not relating specifically to service currently provided to a customer or to a new service being requested by a customer. “qualified incoming calls” means calls that are received during the regular hours of operation of a distributor’s customer call centre and are either: Page 212 of 474 Distribution System Code 130 (a) telephone calls for which the customer normally reaches a customer service representative directly or has been transferred to a customer care line by a general operator; or (b) telephone calls in which the customer has reached the distributor’s Interactive Voice Response (“IVR”) system and selected the option of speaking to a customer service representative. The following are not “qualified incoming calls”: (a) telephone calls that are abandoned by the customer prior to asking for a customer service representative; and (b) telephone calls for which the customer elects IVR self-service. “new service” means a connection that requires an Electric Safety Authority certificate before the connection can be completed. This includes, but is not limited to, connections associated with a service upgrade and connections that involve the installation of an additional meter on the distribution system where no meter previously existed. Solely replacing an existing meter is not a new service. "service conditions" means any condition that must be satisfied before the service will be provided and may include the payment of connection fees, the signing of an offer to connect, the completion of a distribution system expansion, the delivery of any necessary equipment and the receipt of an electrical safety inspection certificate. 7.2 Connection of New Services 7.2.1 A connection for a new service request for a low voltage (<750 volts) service must be completed within 5 business days from the day on which all applicable service conditions are satisfied, or at such later date as agreed to by the customer and distributor. 7.2.2 A connection for a new service request for a high voltage (>750 volts) service must be completed within 10 business days from the day on which all applicable Page 213 of 474 Distribution System Code 131 service conditions are satisfied, or at such later date as agreed to by the customer and distributor. 7.2.3 This service quality requirement must be met at least 90 percent of the time on a yearly basis. 7.3 Appointment Scheduling 7.3.1 When a customer or a representative of a customer requests an appointment with a distributor, the distributor shall schedule the appointment to take place within 5 business days of the day on which all applicable service conditions are satisfied or on such later date as may be agreed upon by the customer and distributor. 7.3.2 Where the appointment in section 7.3.1 requires the presence of the customer or the customer’s representative, the distributor shall fulfil the requirements set out in section 7.4.1. 7.3.3 Where the appointment in section 7.3.1 does not require the presence of the customer or the customer’s representative, the distributor shall arrive for the appointment on the day scheduled under section 7.3.1. 7.3.4 This service quality requirement must be met at least 90 percent of the time on a yearly basis. 7.3.5 All of the actions set out in: (a) section 7.3.1; and (b) section 7.3.2 or section 7.3.3, as applicable, must be completed in order to fulfil this service quality requirement. 7.3.6 This service quality requirement applies regardless of whether or not the presence of the customer or the customer’s representative is required. Page 214 of 474 Distribution System Code 132 7.3.7 This service quality requirement does not apply to appointments that are subject to the requirements in sections 7.2.1 and 7.2.2. 7.4 Appointments Met 7.4.1 When an appointment is either: (a) requested by a customer or a representative of a customer with a distributor; or (b) required by a distributor with a customer or representative of a customer, the distributor must offer to schedule the appointment during the distributor’s regular hours of operation within a window of time that is no greater than 4 hours (i.e., morning, afternoon or, if available, evening). The distributor must then arrive for the appointment within the scheduled timeframe. 7.4.2 This service quality requirement must be met at least 90 percent of the time on a yearly basis. 7.4.3 Both of the actions set out in section 7.4.1 must be completed in order to fulfil this service quality requirement. 7.4.4 If the distributor arrives at the scheduled appointment within the required time period but the appointment cannot be met because the customer failed to attend the appointment, the distributor may consider the appointment to have been met for the purpose of determining its performance with the standard. 7.4.5 This service quality requirement applies to appointments that: (a) require the presence of the customer or the customer’s representative; (b) are scheduled to occur at the distributor’s office, the customer’s premises, business or work site, or at another location agreed to by the distributor and customer; and Page 215 of 474 Distribution System Code 133 (c) are a frequently recurring part of the distributor’s normal course of business, including, but not limited to, the following: i) disconnecting and/or reconnecting service to effect maintenance or upgrades; ii) connecting a new customer; iii) connecting a new service for an existing customer; iv) providing underground cable locates; v) inspections; vi) gaining access to read or replace an inside meter or to provide the customer with instructions on the proper use of a prepaid meter or similar device; and vii) appointments that are rescheduled as required by section 7.5.1. 7.5 Rescheduling a Missed Appointment 7.5.1 When an appointment to which sections 7.3.1, 7.3.3, or 7.4.1 apply is missed or is going to be missed, the distributor must: (a) attempt to contact the customer before the scheduled appointment to inform the customer that the appointment will be missed; and (b) attempt to contact the customer within one business day to reschedule the appointment. 7.5.2 This service quality requirement must be met 100 percent of the time on a yearly basis. 7.5.3 Both of the actions set out in section 7.5.1 must be completed in order to fulfil this service quality requirement. Page 216 of 474 Distribution System Code 134 7.5.4 This requirement does not apply if the appointment is missed due to the failure of the customer or the representative of the customer to attend the appointment. 7.5.5 The rescheduled appointment becomes a new appointment for the purposes of sections 7.3.1 or 7.4.1 as appropriate. 7.6 Telephone Accessibility 7.6.1 Qualified incoming calls to the distributor’s customer care telephone number must be answered within the 30 second time period established under section 7.6.3. 7.6.2 This service quality requirement must be met at least 65 percent of the time on a yearly basis. 7.6.3 7.6.3 For qualified incoming calls that are transferred from the distributor’s IVR system, the 30 seconds shall be counted from the time the customer selects to speak to a customer service representative. In all other cases, the 30 seconds shall be counted from the first ring. 7.7 Telephone Call Abandon Rate 7.7.1 The number of qualified incoming calls to a distributor’s customer care telephone number that are abandoned before they are answered shall be 10 percent or less on a yearly basis. 7.7.2 For the purposes of section 7.7.1, a qualified incoming call will only be considered abandoned if the call is abandoned after the 30 second period established under section 7.6.1 has elapsed. 7.8 Written Response to Enquires 7.8.1 A written response to a qualified enquiry shall be sent by the distributor within 10 business days. 7.8.2 This service quality requirement must be met at least 80 percent of the time on a yearly basis. Page 217 of 474 Distribution System Code 135 7.8.3 The 10 business days shall be counted from the date on which any conditions associated with the enquiry have been satisfied (such as the date of a move where there is a request for a final statement of account) or, if there are no such conditions, from the date of receipt of the enquiry. 7.8.4 A distributor may consider a written response to have been sent if the distributor sends a written acknowledgement of receipt of the qualified enquiry and includes a specific date in which a complete response to the qualified enquiry will be provided. 7.8.5 A written response shall be deemed to have been sent on the date on which it is faxed, mailed or e-mailed by the distributor. 7.9 Emergency Response 7.9.1 Emergency calls must be responded to within 120 minutes in rural areas and within 60 minutes in urban areas. 7.9.2 This service quality requirement must be met at least 80 percent of the time on a yearly basis. 7.9.3 The definition of “rural” and “urban” should correspond to the municipality’s definition. 7.9.4 The arrival of a qualified service person on site will constitute a response. 7.10 Reconnection Standards 7.10.1 Where a distributor has disconnected the property of a customer for non- payment, the distributor shall reconnect the property within 2 business days, as defined in section 2.6.7, of the date on which the customer: (a) makes payment in full of the amount overdue for payment as specified in the disconnection notice; or Page 218 of 474 Distribution System Code 136 (b) enters into an arrears payment agreement with the distributor referred to in section 2.7.1A. 7.10.2 This service quality requirement must be met at least 85 percent of the time on a yearly basis. 7.11 Billing Accuracy 7.11.1 A distributor must issue an accurate bill to each of its customers. 7.11.2 This service quality requirement must be met at least 98 percent of the time on a yearly basis. 7.11.3 A distributor should not include customer accounts that are unmetered accounts (e.g. street lighting and unmetered scattered loads) or power generation accounts when calculating the percentage of accurate bills. 7.11.4 The percentage of bills accurately issued shall be calculated by subtracting the number of inaccurate bills issued for the year from the total number of bills issued for the year and dividing that number by the total number of bills issued for the year. 7.11.5 The total number of bills issued for the year includes original and reissued bills. 7.11.6 Accurate bills that need to be cancelled in order to correct another bill shall not be included in the calculation of billing accuracy measure. 7.11.7 A bill is considered inaccurate if: (a) the bill does not meet the definition of an accurate bill set out in section 7.1; (b) the bill has been issued to the customer and subsequently cancelled due to a billing error; or (c) there has been a billing adjustment in a subsequent bill as a result of a previous billing error. Page 219 of 474 Distribution System Code 137 8 Regional Planning 8.1 Definitions 8.1.1 In this section 8: “Integrated Regional Resource Plan” means a document prepared by the OPA that identifies the appropriate mix of investments in one or more of conservation and demand management, generation, transmission facilities or distribution facilities in order to address the electricity needs of a region in the near- (up to 5 years), mid- (5 to 10 years), and long-term (more than 10 and up to 20 years); “integrated regional resource planning process” means a planning process led by the OPA for the purpose of determining the appropriate mix of investments in one or more of conservation and demand management, generation, transmission facilities or distribution facilities in order to address the electricity needs of a region in the near- (up to 5 years), mid- (5 to 10 years), and long-term (more than10 and up to 20 years); “lead transmitter” means a transmitter that is leading a regional planning process or is involved in a scoping assessment or an integrated regional resource planning process in a region; “needs assessment” means a process led by a lead transmitter in accordance with section 3C of the Transmission System Code to determine if regional planning is required for a region; “region” means an area that has been designated as such by a lead transmitter, in consultation with the OPA, under section 3C.2.2(a) of the Transmission System Code for regional planning purposes; “Regional Infrastructure Plan” means a document prepared by the lead transmitter leading a regional infrastructure planning process that identifies investments in transmission facilities, distribution facilities or both that should be developed and Page 220 of 474 Distribution System Code 138 implemented on a coordinated basis to meet the electricity infrastructure needs within a region; “regional planning” means a planning process involving licensed transmitter(s), licensed distributor(s), and the OPA for the purpose of determining whether a Regional Infrastructure Plan and/or an Integrated Regional Resource Plan is required for a region and, where required, developing or updating a Regional Infrastructure Plan and/or an Integrated Regional Resource Plan; “scoping assessment” means a process led by the OPA to determine the form of regional planning process (regional infrastructure planning process or integrated regional resource planning process) that is required for a region; and “transmission-connected distributor” means a distributor whose distribution system is connected to the transmission system of a licensed transmitter. 8.2 Participation in Regional Planning 8.2.1 A transmission-connected distributor shall participate in regional planning upon being requested to do so by the transmitter that is leading a regional infrastructure planning process or by the OPA that is leading a scoping assessment or an integrated regional resource planning process for the region within which the distributor’s licensed service area is located, in whole or in part, and shall do so to such extent and in such manner as may reasonably be required by the lead transmitter or the OPA. 8.2.2 An embedded distributor shall participate in regional planning upon being requested to do so by its host distributor or by the lead transmitter for the region within which the embedded distributor’s licensed service area is located, in whole or in part, and shall do so to such extent and in such manner as may reasonably be required by the host distributor or the transmitter. Page 221 of 474 Distribution System Code 139 8.3 Provision of and Requests for Information 8.3.1 A transmission-connected distributor shall provide the following to the lead transmitter for the region within which the distributor’s licensed service area is located, in whole or in part: (a) such information as the lead transmitter may from time to time reasonably require to support regional planning, and shall do so within 60 days of receipt of the lead transmitter’s request; and (b) prompt notice of any developments in that part of the region in which its licensed service area is located that may trigger the need for investments in transmission facilities, distribution facilities or both, as applicable, or that may otherwise reasonably be expected to affect the lead transmitter’s conduct of a needs assessment for the region. Where the distributor is a host distributor, the information provided to the lead transmitter shall reflect any information provided to it by any of its embedded distributors under section 8.3.4. 8.3.2 A transmission-connected distributor shall provide the OPA with such information as the OPA may from time to time reasonably require, for the purpose of supporting regional planning, and shall subject to section 8.3.3 do so within 30 days of receipt of the OPA’s request. Where the distributor is a host distributor, the information provided to the OPA shall reflect any information provided to it by any of its embedded distributors under section 8.3.4. 8.3.3 Where a transmission-connected distributor believes that it cannot meet the 30- day timeline referred to in section 8.3.2, the distributor and the OPA may agree to a longer timeline. In such a case, the distributor shall so notify the Board in writing. The notice shall indicate the region in question, the reasons for being unable to meet the 30-day timeline and the extended timeline that has been agreed to between the distributor and the OPA. Page 222 of 474 Distribution System Code 140 8.3.4 An embedded distributor shall provide its host distributor with the following: (a) such information as may from time to time reasonably be required by the host distributor to support regional planning, and shall do so within 15 days of receipt of the request for information; and (b) prompt notice of any developments in that part of the region in which its licensed service area is located that may trigger the need for investments in transmission facilities, distribution facilities or both, as applicable, or that may otherwise reasonably be expected to affect a lead transmitter’s conduct of a needs assessment for the region. 8.3.5 Where a transmission-connected distributor provides information to a lead transmitter or the OPA under section 8.3.1 or 8.3.2 in respect of a region, the distributor shall also provide the same information to all other transmission- connected distributors in the region. Each host distributor that receives information under this section shall provide that information to each of its embedded distributors. 8.3.6 Where, for the purpose of supporting an application proposed to be filed with the Board, a distributor requires information related to the status of regional planning for a region, including any Regional Infrastructure Plan that is being developed for the region, the transmission-connected distributor or embedded distributor shall request a letter confirming the status from the lead transmitter for the region no less than 60 days before the distributor requires the letter. 8.3.7 Where a needs assessment determines that the participation of a distributor in a regional planning process is not necessary, the distributor shall request a needs assessment report from the lead transmitter confirming that its involvement is not required no less than 10 days before the embedded distributor requires the report for the purpose of supporting an application proposed to be filed with the Board. Page 223 of 474 Distribution System Code 141 8.4 Monitoring and Reporting 8.4.1 Where a Regional Infrastructure Plan identifies the need for a distributor to make an investment in its distribution system, the distributor shall, upon request by the lead transmitter or host distributor or by a distributor referred to in section 8.4.2, provide an update regarding the status of the investment, and shall do so within 30 days of receipt of the request. Where the distributor is a host distributor, the letter shall reflect any investment update(s) provided to it by any of its embedded distributor(s). 8.4.2 Where a distributor has agreed to conduct the review referred to in section 3C.3.1(a) of the Transmission System Code, the distributor shall provide a report to the lead transmitter setting out the status of the investments set out in the applicable Regional Infrastructure Plan within 60 days of receipt of a request from the transmitter to do so. 8.5 Transition 8.5.1 A transmission-connected distributor shall, within 45 days of receipt of a request from a lead transmitter, provide the transmitter with a letter identifying whether the distributor foresees a potential need for additional transmission connection capacity to support the needs of the distributor's distribution system over the next five years. Where the distributor is a host distributor, the letter shall reflect any information provided to it by any of its embedded distributors under section 8.5.3. 8.5.2 Where a transmission-connected distributor provides a letter to a lead transmitter under section 8.5.1 in respect of a region, the distributor shall also provide the same information to all other transmission-connected distributors in the region. Each host distributor that receives a letter under this section shall provide that letter to each of its embedded distributors. 8.5.3 An embedded distributor shall, within 15 days of receipt of a request from its host distributor, provide its host distributor with a letter identifying whether the embedded distributor foresees a potential need for additional transmission Page 224 of 474 Distribution System Code 142 capacity to support the needs of the embedded distributor's distribution system over the next five years. 8.6 Continuing Obligations Re Distribution System 8.6.1 Nothing in this section 8 shall limit any obligation of the distributor to maintain the reliability and integrity of its distribution system or to meet load growth within its licensed service area. Page 225 of 474 Distribution System Code 143 9 OESP 9.1 [Revoked by amendment, effective May 25, 2017.] 9.2 Application of OESP Rate Assistance to the Bill 9.2.1 Where a distributor receives notice from the CSP that a consumer is eligible for rate assistance under the OESP, the distributor shall as soon as reasonably practicable apply the rate assistance specified in the notice to the consumer’s bill. 9.2.2 The distributor shall apply the OESP rate assistance on the consumer’s bill for the eligibility period specified in the notice, unless a different eligibility period is specified by the CSP any time thereafter or the distributor issues a final bill to the consumer before the eligibility period has expired. 9.2.3 Where a distributor receives notice from the CSP that a consumer’s eligibility for rate assistance under the OESP has been renewed or canceled, or that the amount of rate assistance for which the consumer is eligible has changed, the distributor shall implement the necessary changes to the consumer’s bill as soon as reasonably practicable. 9.2.4 Where a distributor issues a bill covering less than a full billing period, the distributor may prorate the amount of the OESP rate assistance. 9.2.5 Where a distributor disconnects and issues a final bill to a consumer who is receiving OESP rate assistance and within two billing periods reconnects the consumer at the same premises, the distributor shall upon the reconnection apply the OESP rate assistance to the consumer’s bill for the remainder of the eligibility period under section 9.2.2, if any. 9.2.6 Where the OESP rate assistance applied to a consumer’s bill exceeds the amount owing on the bill, the distributor shall carry forward the credit to one or more subsequent bills, however the distributor shall not issue a refund of the Page 226 of 474 Distribution System Code 144 credit to the consumer at any time including at the time the account is closed or transferred. 9.3 Billing Corrections 9.3.1 Where a distributor receives notice from the CSP of a correction to the amount of rate assistance that was specified in a notice under section 9.2.1, or where the distributor discovers that it has mistakenly applied an amount of rate assistance to a consumer’s bill other than the amount specified in the notice under section 9.2.1, the distributor shall apply the corrected amount as soon as reasonably practicable. 9.3.2 Where the corrected amount is greater than the amount that was specified in the notice under section 9.2.1, the distributor shall apply any rate assistance owing as a credit on the consumer’s account and identify the amount credited as a billing adjustment on the bill. 9.3.3 Where the corrected amount is less than the amount that was specified in the notice under section 9.2.1, the distributor shall not be entitled to recoup any rate assistance that the consumer has already received, and for greater certainty the distributor shall not collect any such rate assistance as under-billed amounts under sections 7.7.4 and 7.7.4.1 of the Retail Settlement Code, without the approval of the Board. 9.4 Technical and Administrative Requirements of the CSP 9.4.1 A distributor shall adhere to any technical and administrative requirements set out in a procedure or guideline issued by the CSP, provided that no such procedure or guideline is effective until it is approved by the Board. 9.5 Communications with Consumers 9.5.1 A distributor shall notify a consumer in writing that the consumer’s eligibility period for OESP rate assistance is expiring at least 60 days before the period expires, and shall include in the notice information about applying for a renewal of the Page 227 of 474 Distribution System Code 145 eligibility period. If the distributor sends the notice by mail, the distributor shall not include the notice in the same envelope as a bill or any other documentation emanating from the distributor. 9.5.2 A distributor shall post on its website a link to the Board’s OESP application portal. 9.6 Settlement 9.6.1 For each calendar month in which a distributor applies any OESP rate assistance on consumer bills or collects any OESP-related charges, the distributor shall settle with the IESO within such time limits as the IESO specifies. 9.7 Reporting Requirements for Embedded Distributors 9.7.1 For each calendar month, beginning in 2016, an embedded distributor shall provide its host distributor, no later than the second business day of the following month, with the following information: (a) for each OESP rate class, the total number of the embedded distributor’s customers that received OESP rate assistance; and (b) for each OESP rate class, the total amount of rate assistance received by the embedded distributor’s customers. Page 228 of 474 Page 229 of 474 Page 230 of 474 Page 231 of 474 Page 232 of 474 200 Broadway, 2nd Floor ph: (519) 688-3009 Tillsonburg ON N4G5A7 Changes to the Connections Agreements and Financial Implications for Tillsonburg Hydro Inc. (THI) Distribution System Expansion December 5, 2018 Background THI is regulated by the Ontario Energy Board (OEB), the OEB uses many codes, regulations and directions to communicate the various regulations that Local Distribution Companies (LDC) follow. THI as a licensed LDC is obligated to follow the codes, regulations and directions published. The rules and guidelines for Distribution System Expansion is managed through the Distribution System Code (DSC) – dated March 15, 2018 (attached to this email along with Appendix B – Methodology and Assumptions for Economic Evaluation). Along with the published DSC the OEB is currently in the process of updating the DSC. The proposed amendments letter and proposed changes document is also attached to this email. Board Resolution Passed in October 2018 And the Board confirm that THI use the EEM process capturing total capital costs (developer and THI) and ongoing costs defined as Operating, Maintenance, Administration, Depreciation and Interest costs as outlined in the Distribution System Code and authorize the collection of expansion deposits for exposure above $20,000, and effective January 1, 2019. Material Changes 1. Development Work Flow Historically, THI would undertake to contract or perform the electrical work for a system expansion; this included trenching, primary / secondary / service installation. This has changed to a process where the developers will generally be responsible for organizing and paying for this work upfront. THI performs certain functions not allowed to be performed by 3rd party vendors (terminations, etc.…) as well as inspections of work performed to ensure that THI standards have been met. All of these costs are considered and settled (cost responsibility between Developer and THI, discussed below) upon energization of the development / expansion. A revised work flow chart is attached for review. Page 233 of 474 2. Allocation of Costs between Developer and THI Section 3.2 of the attached DSC (dated March 15, 2018) along with Appendix B to the DSC (also attached) outlines the rules and guidelines that pertain to distribution system expansions. When system expansions are required, THI is obligated to complete an economic evaluation to allocate the capital expansion costs between the developer and THI. Under the work flow discussed above, an initial economic evaluation will be conducted to calculate the required expansion deposit (discussed later in this memo) and to provide an initial estimate of the allocation of capital costs. A final economic evaluation is run upon energization of the expansion utilizing actual costs. Key inputs into the economic evaluation are: Capital costs of expansion Customer additions o By customer class o Anticipated in each of the next 5 years Incremental costs per customer additions (cost to service customer, maintain and replace infrastructure Historically, THI has utilized values that generate an approximate 50%/50% split of capital costs. THI has changed the costs to be included in the “Incremental cost per customer addition” that has reduced the THI component to approximately 10% and the development community to an approximately 90% (depending on the specific details for each project). Specifically, THI is moving towards a model used by 18 other LDCs that incorporates costs including Operation, Maintenance, Billing, Administration and Amortization to be considered within the economic evaluation. OEB staff, responding to a question from LDCs, has indicated that Operations, Maintenance, Billing, Administration and Amortization are proper costs to include within the economic evaluation. 3. Expansion Deposits The current DSC, section 3.2.20, outlines the option for LDCs to collect an expansion deposit. The expansion deposit collects up to 100% of Net Present Value of the forecasted revenues calculated in the economic evaluation. The deposit provides insurance that a development will be filled, as anticipated, and provides a revenue stream to THI to operate and maintain as well as future replacement of the capital infrastructure contained within the expansion. This deposit can be in cash or letter of credit form and will attract interest (time value of money) if the deposit was in a cash form. Page 234 of 474 The deposit is credited back over the 5-year connection horizon as the development is filled. As an example if 50% of the lots in a subdivision are filled in year 1, 50% of the deposit would be refunded for year 1. When 100% of the lots are filled and the 2-year warranty period has passed, 100% of the deposit will have been refunded to the developer. The proposed changes to the DSC (see attached letter and comparison document) are provided in this email. A key proposed change would alter the option of an expansion deposit to a mandatory process. This change is contained in section 3.2.20 in the attached Notice Attachment B Proposed DSC Amendment. Page 235 of 474 Page 236 of 474 Page 237 of 474 Page 238 of 474 Page 239 of 474 9140 Leslie Street • Suite 210 • Richmond Hill • ON • L4B 0A9 • Tel 905.762.9200 • Fax 905.762.9202 October 23, 2018 RE: Potters Gate – THI Offer to connect Dear members of the Board of Directors, Oxnard Development was recently provided with the Subdivision Connection Cost Agreement from THI for our Potters Gate (Phase 2) project in Tillsonburg and further to our review of the submitted documentation, we have concerns regarding the cost breakdown for the system expansions between the LDC (Tillsonburg Hydro Inc.) and the Developer (Oxnard). Our experience from previously completed projects during the last 25 years working with other Municipalities / LDC’s is that generally the cost breakdown for a system expansion works out to approximately a 50/50 split between both parties (Developer and the LDC). From our review of the Economic Evaluation Model, it appears that the significant change is associated with the O&M value implemented which was noted to be significantly inflated. The OEB guidelines state that the O&M value should be “attributable incremental operating and maintenance expenditures – any incremental attributable costs directly associated with the addition of new customers to the system would be included in operating and maintenance expenditures”. Our understanding is that THI has taken the total cost from their 2017 Financial Statements for Operating and maintenance and added in administration, depreciation & amortization and financing. The total cost was then divided by the number of total customers (residential, commercial, industrial and institutional combined). This methodology is flawed for a number of reasons, first it assumes the maintenance cost for a residential customer is equal to large commercial, industrial or institutional customer. Secondly, it incorporates more costs/expenses than permitted by the OEB guidelines, ie. Administration, depreciation & amortization and financing. Thirdly, it assumes average cost per customer is equal to the incremental attributable cost. Our office has reached out to other developers currently operating in Tillsonburg whom expressed similar concerns with THI new position of downloading the system expansion design costs to the Developers. As discussed during our last meeting with Ian Mackenzie (General Manager, Hydro Operations) on October 18, Oxnard Development as well as other community developers affected by this matter, would like the opportunity to attend the THI Board meeting scheduled for October 30th, 2018 to make a deputation to the Board accordingly. Thank you in advance. Pedro Jafarpour Oxnard Developments Inc. Page 240 of 474 Tillsonburg Hydro Inc (THI) Amendments to Expansion Deposit Collection and Calculation of Incremental Costs to New Customers Tillsonburg District Chamber of Commerce Position Issue The TDCC is submitting this policy to support the economic growth in Tillsonburg by maintaining residential and commercial development projects at a competitive cost. Background THI has adopted changes that take affect January 1, 2019 with regards to work flow, expansion deposit collection and the way in which the calculations for incremental costs for new customers are done. These adopted changes increase the costs of developing new projects in the Town of Tillsonburg. These can lead to discouraging residential and commercial developers from picking Tillsonburg to do business in. Although there are other LDC’s that have adopted similar models, there are some that have not, and Tillsonburg needs to remain competitive. Recommendations The Tillsonburg District Chamber of Commerce urges Tillsonburg Hydro Inc to: 1. Utilize a minimum 45-day consultation with the Tillsonburg District Chamber of Commerce, the Tillsonburg Economic Development Advisory Committee and Tillsonburg Town Council for any changes in policies, procedures and fees that affect developers and business customers of THI. 2. Eliminate the mandatory expansion deposit until mandated by the OEB. 3. Continue with the 50/50 calculation rather than the 90/10 calculation that is slated to commence January 1 2019 between THI and the developer until mandated by the OEB. Once mandated utilize the minimum percentage for the developers’ portion permitted by the OEB. Use the same costs that were used previously to determine the amount while permitted by the OEB. Submitted: December 13, 2018 Page 241 of 474 200 Broadway, 2nd Floor ph: (519) 688-3009 Tillsonburg ON N4G5A7 Update on Tillsonburg Hydro Inc. (THI) Distribution System Expansion Costs and Charges January 31, 2019 Background THI is regulated by the Ontario Energy Board (OEB). The OEB uses many codes, regulations and directions to communicate the various regulations that Local Distribution Companies (LDC) follow. THI as a licensed LDC is obligated to follow the codes, regulations and directions published. The rules and guidelines for Distribution System Expansion is managed through the Distribution System Code (DSC) – dated March 15, 2018. Along with the published DSC the OEB is currently in the process of updating the DSC. Feedback was received from the Development Community through the discussion at the December 5th Development Community meeting, at the December 11th Development Committee meeting and correspondence received from interested parties addressed to the THI Board. The THI Board considered stakeholder input as well as OEB rules and risks. The following resolution was passed: Board Resolution Passed - January 2019 AND THAT the Board confirm that THI use the EEM process capturing total capital costs (developer and THI) and ongoing costs defined as Operating, Maintenance, Administration, Depreciation and Interest costs as outlined in the Distribution System Code effective January 1, 2019; AND THAT the expansion deposit collection be deferred until it is mandated by the regulator. Discussion At the December 5th meeting, Hydro Operations Staff indicated that they would reach out to the regulator (OEB) to validate the costs included and the process in which THI calculates the incremental costs per customer. This value is what changes the allocation of the capital costs between the developer and THI. OEB Staff responded with the following on December 10, 2018: Page 242 of 474 “As stated in the DSC Appendix B, any incremental attributable costs directly associated with the addition of new customers to the system would be included in the operating and maintenance expenditures. Based on the limited information you have provided, Operations / Maintenance, Billing / Collecting, Administration, Amortization and Interest (OMADI) can be used as incremental attributable costs in the economic evaluation as long as those costs are not included anywhere else in the evaluation (i.e. no double counting). The average cost per customer based on a distributor’s current costs is considered appropriate to be used to estimate the incremental cost per every new customer that is part of the expansion.” THI believes that they are following the Distribution System Code (DSC), the intent of the DSC and OEB staff interpretations of the regulations. Not following this direction would put THI’s future revenue streams and regulatory compliance at risk. As a result, the THI Board passed the resolution above and will continue to use the average full cost per customer (including OM&A costs, plus depreciation and interest) in allocating the capital cost of future developments. The expansion deposit will not be collected until mandated by the regulator and at such time the THI Board will review the proper level of the deposits to be levied against future developments. If you have any questions or concerns, please don’t hesitate to contact me directly. Sincerely, Ian McKenzie General Manager imckenzie@tillsonburg.ca Page 243 of 474 Email Sent to Industry Relations on December 6, 2018 Good Morning, Tillsonburg Hydro Inc., through a Board of Directors resolution has adjusted the inputs to the Economic Evaluation model (Net Present Value / Discounted Cash Flow) calculation to be used for system expansions. As part of the communication of these changes to the development community in the THI service area, an information session was held. It was requested and confirmed that THI would reach out to OEB staff to confirm the appropriateness of the changes discussed. For reference, historically after working through the EEM an approximate 50% / 50% split was realized between developers and the LDC for the capital costs of an expansion. With the changes discussed, this have moved towards a 90% Developer and 10% LDC funded model (depending on the specifics of the project and number of homes included). Tillsonburg Hydro (THI) is a member of the CHEC group, and we utilize the DCF model provided through CHEC, I believe that Board Staff are familiar with this model and have previously reviewed the model for accuracy. Historically Tillsonburg Hydro utilized Operations and Maintenance activities into the “Incremental Costs” portion of the EEM calculations. This was approximately $200 of incremental cost per customer. After reviewing the DSC and related appendices and discussions with industry groups (it was suggested that Board Staff viewed Operations, Maintenance, Administration, Billing & Collecting, Amortization and Interest {OMADI} as costs that should be considered in the EEM calculation), the THI policy was changed and the incremental costs / customer have shifted to more than $400 per customer. Tillsonburg Hydro want to ensure that we are following the expectations of the DSC regulations and are not subsidizing any customer / stakeholder from another group. With such large swings in the allocation of costs LDC / Developer (where LDC costs are essentially costs borne by existing customers), there is the potential for one group to subsidize another. Tillsonburg Hydro calculates the “Incremental Cost / Customer” based on an average cost per customer. Annually we take the related costs (historically O&M, future OMAIDI) divided by total customers. This is used as a proxy for an average incremental cost / customer. LDCs across the province don’t utilize the same process for EEMs (costs or incremental cost / customer calculations), the Development community in Tillsonburg is experienced with something around a 50%/50% split and is struggling with the new 90% / 10% split referenced above. Specifically Tillsonburg Hydro would like Board Staff to provide some assurances on the following topics: 1. That the cost included in the “Incremental Cost / Customer” are appropriate (essentially full costs of THI, as outlined above) o A sub questions is to confirm what other industry partners have indicated, that previous Board Staff (in response to Innisfill Hydro), that Operations / Maintenance, Billing / Collecting, Administration, Amortization and Interest (OMADI) are all appropriate costs and expected costs to be included in the EEM Incremental Cost / customer calculation Page 244 of 474 2. That using an average cost / customer is an appropriate approach to calculating the annual “Incremental Cost / Customer” value to be utilized in EEMs (the costs in the numerator will be impacted from Q1 above). If you require any further details or clarification, please contact me directly. Sincerely, Ian McKenzie Acting General Manager, Hydro Operations Page 245 of 474 Clarification Requested by OEB Staff – December 7, 2018 Can you please provide further clarifications on the following items to help us better understand your changes in the calculation: • You have mentioned “approximate 50% / 50% split or 90% / 10% between developers and the LDC for the capital costs of an expansion”. Are those split only calculated based on the shortfall between the revenue earned from the new facilities and the costs to build/operate/maintain the new facilities? Or are there any other factors involved in calculating the split? • If you have included Operations, Maintenance, Administration, Billing & Collecting, Amortization and Interest in your incremental costs/customer, are any of these costs such as Amortization and Interest included anywhere else in your Economic Evaluation model? Please provide the information requested within 5 calendar days of receipt of this email and send to IndustryRelations@ontarioenergyboard.ca. If you are unable to provide the information within the time requested, please notify Industry Relations. Please ensure that you reference the IRE File Number in your response. Regards, Industry Relations Page 246 of 474 Response to Industry Relations – December 7, 2019 Thanks for the quick turn around, below are your two clarifying questions, and Tillsonburg Hydro’s response. You have mentioned “approximate 50% / 50% split or 90% / 10% between developers and the LDC for the capital costs of an expansion”. Are those split only calculated based on the shortfall between the revenue earned from the new facilities and the costs to build/operate/maintain the new facilities? Or are there any other factors involved in calculating the split? Response – Yes these splits (old methodology 50/50, new methodology 90/10) are directly out of the evaluation model calculation and are only considering the shortfall between the NPV of revenue stream, less the NPV of incremental costs and any residual is applied towards the capital of the project. Essentially the model is saying that when considering OMADI costs the LDC is provided enough revenue above incremental costs to contribute 10% of the capital expenditure. If you have included Operations, Maintenance, Administration, Billing & Collecting, Amortization and Interest in your incremental costs/customer, are any of these costs such as Amortization and Interest included anywhere else in your Economic Evaluation model? Response – we use the CHEC model (as do other CHEC members, specifically Innisfil Hydro, I only mention Innisfil hydro as I believe OEB Staff have reviewed the CHEC EEM as part of an Innisfil Hydro question to industry relations) and incremental costs such as Amortization and Interest are not considered elsewhere in the model. Please let me know if you need more information, including a copy of the model utilized. Sincerely, Ian McKenzie Acting General Manager, Hydro Operations Page 247 of 474 Final Response from Board Staff – December 10, 2018 As stated in the DSC Appendix B, any incremental attributable costs directly associated with the addition of new customers to the system would be included in the operating and maintenance expenditures. Based on the limited information you have provided, Operations / Maintenance, Billing / Collecting, Administration, Amortization and Interest (OMADI) can be used as incremental attributable costs in the economic evaluation as long as those costs are not included anywhere else in the evaluation (i.e. no double counting). The average cost per customer based on a distributor’s current costs is considered appropriate to be used to estimate the incremental cost per very new customer that is part of the expansion. Thank you for your enquiry. I hope you find this information helpful. Regards, Industry Relations The response to this enquiry represents the views of Ontario Energy Board (OEB) staff. It is not offered as and does not constitute legal advice or legal opinions, and may not reflect official OEB-approved policy or guidance on reporting, scorecard and other policy matters. This response may not be used as evidence in proceedings with the OEB. Page 248 of 474 Report Title Employee Engagement Survey Report No. CAO-HR 19-02 Author Ashley Andrews, Manager of Human Resources Meeting Type Council Meeting Council Date April 8, 2018 Attachments Employee Engagement Survey Analysis Page 1 / 3 RECOMMENDATION THAT Council receives Report CAO-HR 19-02 – Employee Engagement Survey. EXECUTIVE SUMMARY The purpose of this report is to provide Council with feedback received from staff regarding their employment with the Town through an Employee Engagement Survey conducted in October 2018. BACKGROUND In 2014, an employee engagement survey was conducted and compiled. The result of this survey brought forward staff concerns regarding communication between management and employees, job definition, updated technology, and compensation. A commitment was made by the Senior Leadership Team to review and where possible, address these concerns. Following this survey, in late 2014/early 2015, the Director of Finance and County IT put together a plan for updating/replacing technology throughout the Corporation. This plan included updated monitors and cell phones, a four year replacement cycle for computers, and an updated phone system. In order to address concerns with regard to job definition and compensation a comprehensive compensation review began in late 2017. This in-depth review focuses on updating job descriptions throughout the Corporation; updating the job evaluation process to ensure maintenance under the Pay Equity Act; and a market survey. The various components of this review are being finalized and will be brought forward to Council at a later date. Communication between management and employees is continually evolving. There has been significant turnover in supervisory/management positions over the last four years, and a key focus of recruitment of these positions has been leadership and communication. The number of internal Town Hall meetings has increased throughout the year, and increased staff meetings within departments have been encouraged. The implementation of the staff intranet has been a valuable communication tool and is used by all departments. Page 249 of 474 Page 2 / 3 CAO The result of the 2018 survey reflects improvements within employee/supervisor relationship, including clearer job expectations and communication. An increased satisfaction with the equipment/technology provided to complete tasks was also reflected through the survey. Staff also noted that they feel that the Town offers family like atmosphere with great interoffice relations, and a strong team mentality. Staff enjoys the flexibility and benefits offered to them through their employment and the ability to provide services that support a better community. Discontent regarding wage compensation continues to be prevalent throughout the survey and a number one concern for staff; however, many of these questions and concerns will be addressed through the compensation review process. Staff also noted that there is an inconsistency regarding the application of policies/procedures. Senior Leadership has been receptive to this feedback and has put in place a review and approval process for all policies. Any discrepancies regarding the application of these policies/procedures are discussed at that the Senior Leadership level and rectified. The opportunity for staff to provide feedback regarding policies/procedures will continue to be offered. The opportunity for career advancement within the Corporation was disagreed with by a large number of staff. Senior Leadership has put together a succession planning program to focus on developing staff that have shown initiative and leadership in their current positions. Career advancement in a small organization is often difficult as there are fewer opportunities available; however, training and development of staff will continue. FINANCIAL IMPACT/FUNDING SOURCE NA COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government - Leadership Page 250 of 474 Page 3 / 3 CAO Report Approval Details Document Title: CAO-HR 19-02 Enployee Engagement Survey.docx Attachments: - Employee Engagement Survey Analysis.pptx Final Approval Date: Apr 15, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 15, 2019 - 10:58 AM Page 251 of 474 Employee Engagement Survey April 8, 2019 Page 252 of 474 2 What is your employment type? Presentation Title | Section Page 253 of 474 3 What is your employment classification? Presentation Title | Section Page 254 of 474 4 Which department do you work in? Presentation Title | Section Page 255 of 474 5 I would recommend the Town as an employer to others. Presentation Title | Section Page 256 of 474 6 I am clear what is expected of me to do my job. Presentation Title | Section Page 257 of 474 7 Enough information is passed on to me to do my job well. Presentation Title | Section Page 258 of 474 8 I receive the job specific training I need to do my work effectively. Presentation Title | Section Page 259 of 474 9 The equipment and supplies are adequate to do my job effectively. Presentation Title | Section Page 260 of 474 10 My workload is reasonable and manageable. Presentation Title | Section Page 261 of 474 11 I am able to maintain and healthy balance between my work life and personal life. Presentation Title | Section Page 262 of 474 12 I am proud of the work I do. Presentation Title | Section Page 263 of 474 13 I am valued and appreciated for the job I do. Presentation Title | Section Page 264 of 474 14 I give my best effort all the time. Presentation Title | Section Page 265 of 474 15 I am satisfied with my physical work environment. Presentation Title | Section Page 266 of 474 16 I am satisfied with the opportunities provided to me for professional growth. Presentation Title | Section Page 267 of 474 17 My job allows me to utilize my talents. Presentation Title | Section Page 268 of 474 18 I have career advancement opportunities within the corporation. Presentation Title | Section Page 269 of 474 19 I have a good working relationship with my direct supervisor. Presentation Title | Section Page 270 of 474 20 My direct supervisor provides me with adequate direction. Presentation Title | Section Page 271 of 474 21 I receive regular feedback from my supervisor. Presentation Title | Section Page 272 of 474 22 I feel comfortable discussing any work related issues with my direct supervisor. Presentation Title | Section Page 273 of 474 23 I am treated with respect by my direct supervisor. Presentation Title | Section Page 274 of 474 24 My direct supervisor is responsive. Presentation Title | Section Page 275 of 474 25 My direct supervisor treats all employees fairly. Presentation Title | Section Page 276 of 474 26 My Team works well together. Presentation Title | Section Page 277 of 474 27 Work is distributed fairly amongst all people on my team. Presentation Title | Section Page 278 of 474 28 I am satisfied with the Town as an employer. Presentation Title | Section Page 279 of 474 29 I would not leave the Town if an equivalent job opportunity became available elsewhere. Presentation Title | Section Page 280 of 474 30 The Town cares about its employees. Presentation Title | Section Page 281 of 474 31 I feel I am treated with respect at the Town. Presentation Title | Section Page 282 of 474 32 The Town creates an environment where employees are informed, valued and treated with dignity. Presentation Title | Section Page 283 of 474 33 Internal policies are applied fairly and consistently. Presentation Title | Section Page 284 of 474 34 I am satisfied with the performance review system. Presentation Title | Section Page 285 of 474 35 I feel confident that if I report a workplace health and safety concern, it will be taken seriously. Presentation Title | Section Page 286 of 474 36 I feel I can take any concerns I may have to the next level of supervision at the Town. Presentation Title | Section Page 287 of 474 37 I feel confident that if I report harassment/discrimination in the workplace, it will be taken seriously. Presentation Title | Section Page 288 of 474 38 I believe that the management team communicates a clear vision of corporate goals and objectives. Presentation Title | Section Page 289 of 474 39 I believe this corporation is committed to me as an employee. Presentation Title | Section Page 290 of 474 40 What is the one thing you like most about working at the Town? 1.The people I work with 2.Public/making a difference in the community 3.Flexibility 4.Opportunities/variety 5.Job/Position 6.Benefits 7.Location •“The platform it gives me to work towards a better community” •“family like atmosphere” •“great interoffice relations” •“Opportunity to be involved in lots of different projects “ •“Strong team of complimenting skills and hardworking individuals working towards the same goals.” •“The benefits and flexibility” •“Being productive to my Community” Presentation Title | Section Page 291 of 474 41 What one specific action could be taken in your immediate work area to make your job better/easier? 1.More staff 2.Better Communication/clear expectations 3.Ergonomics 4.Training 5.Growth/advancement 6.Décor •“better workspace-more natural lighting, windows and less closed in feel (cubicles) “ •“better cross training and rotational opportunities” •“better communication from all departments “ •“Better planning and clearer expectations of what everyone is supposed to do “ •“Better Resources, increased funding to retain staff. “ •“better desk/office layout” Presentation Title | Section Page 292 of 474 42 What one thing would you recommend to make the Town a better place to work? 1.Consistent application of policies/procedures 2.Fair treatment 3.Increased wages 4.Town Hall 5.Employee appreciation 6.Better communication •“develop policies and procedures and follow them” •“higher wages. more staff to lighten work loads” •“More communication with employees & SLT, meetings that ensure the employees are able to ask questions and have a platform to be heard.” •“treat your employees better and maybe they would stay!!” •“Consistent treatment of staff across the Corporation and that we follow the policy's we have.” •“eliminate the inequitable treatment between depts. apply policies consistently across depts and employees” Presentation Title | Section Page 293 of 474 43 Additional Comments •The Town is a great place to work. •Wages are on the low end compared to other municipalities and utilities and staff is very aware of where they rank in regard to others in similar roles locally •On the most part , everything keeps improving . Thank you for caring ! •Increased customer workloads have made it too busy to effectively manage staff. •fix the pay grid too many steps currently •am grateful for my job with the Town of Tillsonburg. During my time so far, I have found that both of the supervisors I have worked for have been kind, supportive, and have made work a safe place to be and grow. •I have only been at the Town for just over a year. Everyone I have met works very well together and I believe are quality people. Retention of staff seems to be an issue here one that if solved better investment in developing staff could happen and have the Town see a benefit from. A Market Salary Evaluation to determine the appropriate salaries by job functions may be a good tool to assist in adjusting the wages if one has not already been performed as I believe the Wages are the main reason folks tend to leave. Too often knowledge will walk out the door and this leaves areas to struggle while new folks are hired and brought up to speed. I think that is a very costly model. It would be interesting to see how much is spent on recruitment. Presentation Title | Section Page 294 of 474 Report Title County of Oxford – Joint Service Delivery Review – Regional Governance Review Report No. CAO-19-04 Author David Calder Meeting Type Council Meeting Council Date April 23, 2019 Attachments 1. CAOs Meeting Agenda – April 4, 2019 2. CAOs Meeting Notes – April 4, 2019 3. Tillsonburg Council Resolution – Regional Governance Review Page 1 / 4 9292977219,,,CAO-19-04 County of Oxford - Joint Municipal Service Delivery Review - Regional Governance RECOMMENDATION That Council endorse the establishment of a Service Delivery Review Steering Committee comprised of the nine municipal Chief Administrative Officers in the County of Oxford to set the Terms of Reference, Request for Proposal content and evaluation of the RFPs for a joint Service Delivery Review report; And further that Council authorizes funding to an upset limit of $20,000 be contributed on behalf of the Town of Tillsonburg from the “Improve Service Delivery and Efficiency” funding, received from the Province in April 2019, toward this project. EXECUTIVE SUMMARY On Thursday, April 4, 2019, a meeting of the County of Oxford Chief Administrative Officers (CAOs), Treasurers/Clerks was held in Tillsonburg to discuss the ongoing Regional Government Review. All nine partner municipalities were represented. Three of the municipal CAOs had previously provided reports to their respective Councils, which had also been previously shared with the partner municipal staffs and Councils. These reports centered around considerations and concerns as they relate to the Governance and Service Delivery issues of the Regional Government Review. As Council knows, at their meeting of April 8, 2019 a resolution related to the Regional Governance Review was adopted by Council. BACKGROUND During the meeting, as noted on the attached agenda (Appendix “A”), various items were discussed. However, the one common item mentioned by several of the participants was the desire to consider efficiencies in service delivery options. Page 295 of 474 Page 2 / 4 CAO All attendees agreed that a Service Delivery Review conducted jointly, with equal contributions from each of the partner municipalities, and within the 2 tier governance model, would ensure the process was open, fair and transparent for all parties. The group further agreed that the first step in this joint venture would be to bring a report to each of the nine Councils. This report therefore outlines the recommended follow up steps, which include: 1. The establishment of a Steering Committee comprised of the nine CAOs, who will meet to develop the Terms of Reference, Scope of Work and Deliverables for a Request for Proposal (RFP) for an Oxford County Municipal Service Delivery Review. 2. The issuance of an RFP, and subsequent evaluation of the submissions by said Steering Committee including a decision to award to the preferred proponent. 3. Each municipality will contribute an equal share of the cost associated with the Service Delivery Review, to an upset limit of $20,000 each, with the Source of Financing to be determined by each individual municipality. 4. Finally, the results of the Municipal Service Delivery Review will be brought back to all Councils for their consideration, endorsement and implementation, where applicable. It should be noted that although governance restructuring recommendations would not be a defined deliverable within the scope of the Service Delivery Review, the successful proponent would not be limited to recommendations surrounding how services are delivered under the existing governance model alone. This aspect of the Service Delivery Review could address the alternative models as noted in the Town’s resolution regarding the Governance Review. Some documentation related to the 2000 service delivery study was found and reviewed by the group. That study was broken into two phases, one completed by CN Watson and Associates (Phase One) and the other by KPMG (Phase Two) back in 2000. At that time, five key objectives were identified by the Ministry of Municipal Affairs and Housing, which were incorporated into the RFP documents for that study. Staff would suggest that at least four of the five objectives could also be applicable to this review, namely: Lower taxes by reducing overall municipal spending, delivering high quality services at the lowest possible costs, preserving voluntarism, and promoting job creation, investment and economic growth. Better more efficient service delivery while maintaining taxpayer Page 296 of 474 Page 3 / 4 CAO accessibility. Less bureaucracy by simplifying and streamlining government, reducing duplication and overlap, and reducing barriers and red tape for business. Clear lines of responsibility and better accountability at the local level by reducing duplication and overlap. It is therefore the recommendation of Staff that Council endorse the establishment of a Service Delivery Review Steering Committee with its municipal partner CAOs in Oxford. The cost of the Review will be shared equally by all municipal partners to an upset limit of $20,000 per municipality with the Terms of Reference, Scope and Deliverables to be established later by the Steering Committee. FINANCIAL IMPACT/FUNDING SOURCE As noted the County of Oxford Municipalities are recommending an upset limit of $20,000 from each municipality for a Service Delivery Review (ie. maximum of $180,000). Staff is recommending that the Town’s funding contribution be provided from the grant funding provided by the MMAH, as one of the projects for investment of the grant funds identified by the Minister is service delivery reviews. COMMUNITY STRATEGIC PLAN IMPACT Community Strategic Plan (CSP), Section 1, Excellence in Local Government Page 297 of 474 Page 4 / 4 CAO Report Approval Details Document Title: CAO-19-04 County of Oxford - Joint Municipal Service Delivery Review - Regional Governance.docx Attachments: - CAO-19-04 Attachment 1.pdf - CAO-19-04 Attachment 2.pdf - CAO-19-04 Attachment 3.docx Final Approval Date: Apr 16, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 16, 2019 - 4:29 PM Page 298 of 474 1. Welcome 2.Ministry of Municipal Affairs and Housing – Grant Funding, Oxford County Council Motions March 27, 2019 (Attached) 3.Regional Government Review – Oxford County CAO Report, City of Woodstock CAO Report, Zorra Township CAO Report (Attached) a)What about the County of Oxford municipalities is important to protect? b)Evaluation criteria to assess the relative merit of alternatives and the status quo.c)What are the critical success factors and key desired outcomes? d)Evaluation of the current two-tier, a modified two-tier and single-tier options. 4.Service Delivery Items a) Policing b)County Roads c)Emergency Management d)Integrated Phone System e)Consent and Subdivision Approvalf)Shared Services /Service Delivery g)Water Distribution and Wastewater Collection Services h) Others 5.Elected Officials – Numbers 6.County of Oxford Municipal Council Positions 7.County and Area Municipalities Public Engagement Opportunities for Regional Government Review 8.Other Items Oxford County CAOs and Treasurers Meeting Regional Government Review AGENDA April 4, 2019 1:30 p.m. Suite 203, 200 Broadway, 2nd Floor Page 299 of 474 March 20, 2019 Your Worship Mayor Stephen Molnar Town of Tillsonburg smolnar@tillsonburg.ca Dear Mayor Molnar: Our government for the people was elected to restore trust, transparency and accountability in Ontario's finances. As you know, the province has undertaken a line-by-line review of our own expenditures, and we have been clear that we expect our partners, including municipalities, to take steps to become more efficient as well. Municipalities play a key role in delivering many provincial services that people across Ontario rely on. Taxpayers deserve modern, efficient service delivery that puts people at the centre and respects hard-earned dollars. Transforming service delivery and identifying more modern, efficient ways of operating is critical and complex work. As Minister of Municipal Affairs and Housing, I recognize that many of Ontario’s small and rural municipalities may have limited capacity to plan and manage transformation, depending on the resources they have available and how far they have moved on their own modernization agendas. That is why we are providing a one-time payment in the 2018-19 fiscal year to support small and rural municipalities’ efforts to become more efficient and reduce expenditure growth in the longer term. To ensure that this investment is targeted to where it is needed most, municipal allocations are based on a formula, which takes into consideration the number of households in a municipality and whether it is urban or rural. While this investment is unconditional, it is intended to help modernize service delivery and reduce future costs through investments in projects such as: service delivery reviews, development of shared services agreements, and capital investments. Our government believes that municipalities are best positioned to understand the unique circumstances and determine where and how this money is best spent. Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M5G 2E5 Tel.: 416 585-7000 Fax: 416 585-6470 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M5G 2E5 Tél. : 416 585-7000 Téléc. : 416 585-6470 Page 300 of 474 I am pleased to share that Town of Tillsonburg receive a one-time payment of $622,976 which will flow in this fiscal year. Staff from our regional Municipal Services Offices will be in touch in the coming days for your acknowledgement of this letter and to discuss any questions that you might have. I encourage you to work with ministry staff as you begin to think about the best way to proceed for your community. The Municipal Services Offices can offer advice and point to examples that may be helpful as you contemplate local solutions. In the future, we would be interested to hear about your modernization success stories. Thank you once again for your commitment to demonstrating value for money. I look forward to continuing to work together to help the people and businesses in communities across our province thrive. Sincerely, Steve Clark Minister of Municipal Affairs and Housing Page 301 of 474 Municipal Council of the County of Oxford Date: Wednesday, March 27, 2019 Moved By: Seconded By: David Mayberry Sandra Talbot That the correspondence from the Ministry of Municipal Affairs and Housing dated March 20, 2019 regarding a one- time funding grant for modernizing municipal services for small and rural municipalities be received; AND WHEREAS the Honourable Steve Clark, Minister of Municipal Affairs and Housing through email correspondence to the Heads of Council of Ontario’s small and rural municipalities, dated March 20, 2019, informing that the Ministry is providing a one-time payment in 2018-19 fiscal year to support those municipalities in efforts to become more efficient and reduce expenditure growth in the longer term; AND WHEREAS Warden Larry Martin received the aforementioned correspondence informing that the County of Oxford’s one-time payment as determined on the basis of a formula that considers the number of households in the municipality is $725,000; AND WHEREAS the one-time unconditional payment is intended to help modernize service delivery and reduce future costs through investments in projects such as: service delivery reviews, development of shared services agreements, and capital investments, and is best determined by the recipient municipality; AND WHEREAS on January 15, 2019, the Honourable Steve Clark, Minister of Municipal Affairs and Housing announced that the Province of Ontario has initiated a review of the governance, service delivery, and decision- making functionality of eight regional municipalities (Durham Region, Halton Region, Muskoka District, Niagara Region, Oxford County, Peel Region, York Region, Waterloo Region) and Simcoe County; AND WHEREAS on February 27, 2019 Oxford County Council agenda adopted a resolution providing direction for the Chief Administrative Officer to provide a report in response to a resolution adopted by the Council of the City of Woodstock, dated February 26, 2019, regarding the aforementioned Regional Review; AND WHEREAS the theme of the one-time payment initiative is similar in nature and intent to that of the ongoing Regional Review to which Oxford County is a party to, and that Report No. CAO 2019-03, entitled “Regional Governance Review”, prepared in response to Council’s request, is being presented to County Council for consideration at their March 27, 2019 Council meeting. NOW THEREFORE BE IT RESOLVED that consideration for the use of the unconditional one-time payment of $725,000 allocated to Oxford County for determining the most appropriate means of investing in initiatives to improve service delivery as it relates to Oxford County be referred to the Chief Administrative Officer for a report, subject to direction from Council regarding the disposition of Report No. CAO 2019-03, entitled “Regional Governance Review”; AND FURTHER that the Chief Administrative Officer engage in discussions with the Area Municipal Chief Administrative Officers to identify potential opportunities that will leverage the overall investment designed to maximize future cost savings through improved service delivery for all of Oxford County residents and businesses. Motion CARRIED Page 302 of 474 Page 303 of 474 Report No: CAO 2019-03 CAO/CLERK Council Date: March 27, 2019 Page 1 of 9 To: Warden and Members of County Council From: Chief Administrative Officer Regional Governance Review RECOMMENDATIONS 1. That, Oxford County Council wishes to consider and evaluate all governance options (Single Tier, Existing Two-Tier and Refined Two-Tier) in developing a position on the Regional Governance Review; 2. And further, that the Warden convene a Special Meeting of County Council for the purpose of conducting a public session forum where Members of Council will participate in a professionally formulated and facilitated workshop to sequentially draw consensus and conclusion on: a. What about Oxford is important to protect; b. An evaluation criteria to assess the relative merits of all alternatives to the status quo; c. Critical Success Factors and key desired outcomes; d. The evaluation of a Two-Tier Status Quo, Modified Two-Tier and Single Tier; e. Concluding recommendations; 3. And further, that the Warden share Report No. CAO 2019-03 with the Honourable Steve Clark, Minister of Municipal Affairs and Housing and Oxford’s M.P.P., the Honourable Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs. REPORT HIGHLIGHTS This report presents County Council with a recommended approach designed to best articulate, quantify and present an Oxford County governance position that will allow recommendations to flow logically and translate into desired outcomes. Implementation Points Upon adoption of Report No. CAO 2019-03, the Warden and Deputy Warden, with the support of staff, will retain independent professional facilitation resources qualified to develop, facilitate and report outcomes as noted herein. Additionally, the Warden will work with the Clerk to convene a Special Council Meeting (Public Session) as outlined herein. Page 304 of 474 Report No: CAO 2019-03 CAO/CLERK Council Date: March 27, 2019 Page 2 of 9 Financial Impact The adoption of this report has no financial impact beyond that which is approved within the approved 2019 Budget and Business Plan. The Treasurer has reviewed this report and agrees with the financial impact information. Risks/Implications There is no risk associated with the adoption of this report. Nonetheless, considering the Ministry of Municipal Affairs and Housing’s mandate to review regional governance and their invitation to affected municipalities to suggest ways in which they can meet that mandate, failure to present a locally designed plan leaves the County and Area Municipalities potentially subject to change that may not respect the unique qualities and opportunities inherent in our community. Strategic Plan (2015-2018) County Council adopted the County of Oxford Strategic Plan (2015-2018) at its regular meeting held May 27, 2015. The initiative contained within this report supports the Values and Strategic Directions as set out in the Strategic Plan as it pertains to the following Strategic Directions: 3. i. A County that Thinks Ahead and Wisely Shapes the Future – Influence federal and provincial policy with implications for the County by: - Advocating for fairness for rural and small urban communities - Advocating for human and health care services, facilities and resources, support for local industry, etc. - Advocating for federal and provincial initiatives that are appropriate to our county 4. i. A County that Informs and Engages - Harness the power of the community through conversation and dialogue by: - Providing multiple opportunities for public participation and a meaningful voice in civic affairs 5. i. A County that Performs and Delivers Results – Enhance our customer service focus and responsiveness to our municipal partners and the public by: - Implementing clearly defined customer service standards and expectations 5. ii. A County that Performs and Delivers Results - Deliver exceptional services by: - Regularly reviewing service level standards to assess potential for improved access to services / amenities DISCUSSION Background On January 15, 2019, the Honourable Steve Clark, Minister of Municipal Affairs and Housing announced that the Province of Ontario has initiated a review of the governance, service Page 305 of 474 Report No: CAO 2019-03 CAO/CLERK Council Date: March 27, 2019 Page 3 of 9 delivery, and decision-making functionality of eight regional municipalities (Durham Region, Halton Region, Muskoka District, Niagara Region, Oxford County, Peel Region, York Region, Waterloo Region) and Simcoe County (Regional Government Review). On Sunday January 27, 2019, a delegation of Oxford County Council met Minister Clark (ROMA Conference delegation) in part seeking clarity on the expectations of the Regional Governance Review. On February 6, 2019 and March 8, 2019, each of the nine Oxford Heads of Council met individually with the Minister’s Special Advisors. On March 13, 2019, Minister Clark announced the launch of an Online Consultation for Residents, Businesses and Stakeholders accessible at Consultation: Regional Government Review. At the local level, the City of Woodstock and the Township of Zorra staff have both reported to their respective Area Municipal Councils. Correspondence from the City of Woodstock was included as correspondence in the February 27, 2019 County Council agenda at which time Council adopted a resolution of receipt and requested a report from the Chief Administrative Officer. Zorra Township correspondence on the matter is included in the March 27, 2019 County Council agenda. Comments Internal Coordination and Information Sharing The Oxford CAOs met once to discuss the Regional Governance Review, reviewed the Oxford County Chart of Services prepared by the County at the request of the Ministry of Municipal Affairs and Housing (MMAH) and have shared some correspondence, including prior governance review information that was also shared with Council. As requested by MMAH, on February 4, 2019, the Oxford County Chart of Services was submitted to the Ministry following discussion and review with the Area CAOs. Notwithstanding the above, there has not been substantive dialogue or coordination to this point. There was no consultation or dialogue regarding the Woodstock or Zorra reports prior to public release, nor was this report shared prior to agenda release. In preparation for this report, input from the Area Municipal CAOs was sought regarding a breakdown of some of the 2017 Financial Information Return (FIR) data presented in this report as well as perspective on an evaluation criteria for each of the Minister’s stated review pillars, namely Governance, Decision- making and Service Delivery. Limited input was received with respect to how any governance options being considered should be evaluated relative the three pillars of the provincial review. Oxford County Governance Compilation The aforementioned Oxford County Chart of Services, as reviewed and agreed by the Area Municipal CAOs and submitted to MMAH, was used as the basis for the Oxford County Governance compilation (Attachment 1). This summary provides a Community Overview along with a Governance, Service Delivery and Decision-making overview. The compilation is intended to illustrate some key parameters relevant to Oxford County’s current two-tier Page 306 of 474 Report No: CAO 2019-03 CAO/CLERK Council Date: March 27, 2019 Page 4 of 9 governance model as well as an illustration of a comparable jurisdiction operated within a single tier governance model. All data presented was compiled from public webpages, 2017 Financial Information Reporting (FIR) and 2017 Salary Disclosure data. This compilation was not provided for any reason other than to illustrate the magnitude and complexity of municipal governance, service delivery and decision-making in the municipal context in Ontario. The breadth and complexity of municipal services is often misunderstood or overlooked. At the same time, our economic, community and environmental wellbeing are often critically influenced by the manner and structure in which we are governed. For the purposes of this report, the Municipality of Chatham-Kent was used as a comparable single tier community. As illustrated in Attachment 1, while Chatham-Kent comprises approximately 20% greater geography, it represents only 3% more households, almost 8% less population. Chatham-Kent also comprises a less diversified total tax base (land assessment value) that is approximately 25% lower than that of Oxford County, Governance The functionality of a governance structure is often assessed by the perception of bureaucracy or its complexity, though with complexity may come other desired benefits. Notwithstanding, Attachment 1 illustrates some key comparable data relating a typical single tier to Oxford’s existing two-tier governance structure. Staffing While the combined Oxford budgets are within 5% of Chatham-Kent’s budget, the senior staff to manage the operations effectively are substantively different. Oxford’s existing governance structure requires dramatically more senior staff at overall substantially higher costs: Chief Administrative Officers - Oxford has ~900% more at ~525% greater cost Senior Management Teams - Oxford has ~380% more at ~275% greater cost Total salary expenditures as a percentage of overall expenditures is comparable in Chatham- Kent to the combined total in Oxford. While the overall % cost of management staff in the Oxford’s two-tier governance model is not known at this point, the Oxford County organization is comparable to Chatham-Kent though supervisor span of control is broader in Chatham-Kent, as is typical of opportunities presented in larger organizations. Elected Officials Assessing elected representation in Chatham-Kent to the existing Oxford two-tier model is worthy of consideration. Lower levels of government are often seen as closer to the population they represent. An important clarification however is that it is not the service delivery that is seen as closer to the population. Rather the relative closeness is viewed more from the visibility of the elected officials in the community. Page 307 of 474 Report No: CAO 2019-03 CAO/CLERK Council Date: March 27, 2019 Page 5 of 9 Clearly population densities are much lower in small urban/rural communities when compared to the much denser medium and large urban centres across the province. As such, living in a smaller community typically includes a greater expectation of knowing, and regularly seeing, your broader community neighbours in a way that is not even contemplated in larger urban centres. The same expectation is true in regard to the visibility of political representatives in small communities. Notably the represented population of an elected official in a dense urban area is not comparable to that in a small/urban area. The challenge is, where does the reasonable balance lie? Chatham-Kent Council comprises 17 Councillors representing 6,000 residents/elected official (2,300 households over 144 km2) on average across the area it represents. Across Oxford County’s existing two-tier model, 42 Councillors represent approximately 2,600 residents/elected official (1,100 households and 48 km2) on average across the area. In Chatham-Kent one Mayor is elected at large by the eligible voters in a 102,000 geographic area, while the Oxford two-tier system requires eight Heads of Council (Mayors) elected at large by electors of communities ranging from less than 6,000 to just over 40,000 residents. While the Oxford two-tier system requires no additional elected officials, an additional 10 elected official positions, comprising the Mayors of each of the eight Area Municipalities and two additional elected representatives from Woodstock comprise County Council. From within, Council elects a Head of Council (Warden), bringing the total Heads of Council to nine as compared to the Chatham-Kent single Head of Council. None of the nine Heads of Council in the Oxford model are elected at large by electors across the entire area representing the 110,000 residents. Service Delivery It is reasonable to assume that in the end, residents and businesses care about the affordability, effectiveness, access to and standards (levels) of service delivered to the community. The delivery agent is not the issue, the cost, quality, access, and reliability are the critical factors, not who is delivering the service. As mentioned previously, the breadth and complexity of municipal services is often misunderstood or overlooked. The services delivered are effectively the same in Chatham-Kent as they are in total across Oxford County. There will be differences in service levels and methodologies of course. Service levels typically directly correlate to cost. Methodologies can impact cost and in some cases the very nature of the service provided. Delivery methodology examples might include Rural (often referenced as Volunteer) Fire Service versus Urban (Full- time) Fire Services or the use of community volunteers to operate and maintain recreation and community facilities. The existing two-tier governance model in Oxford allows each of the eight Area Municipalities the flexibility to choose the operation methodology and service level which best suits its community needs, in terms of practicality and affordability. General conversation with Chatham-Kent staff suggests they vary their service levels and methodologies by community based on need, practicality and affordability, utilizing the legislative authority that all municipalities have to apply an area rated tax levy and users fees/charges based on varying service levels. The area rating and fee for service systems available to municipalities is generally underutilized. Nonetheless, its intended goal is cost (tax and/or user fees) fairness in recognition of municipal service levels available to the ratepayer/user. Page 308 of 474 Report No: CAO 2019-03 CAO/CLERK Council Date: March 27, 2019 Page 6 of 9 There are two key service level differences between the Chatham-Kent and Oxford governance model in its complexity. Staff at both the Area Municipal and County level in Oxford work to great ends to simplify that complexity. Notwithstanding, often enough residents are being directed either to the County or to an Area Municipality for the service they are seeking or need assistance with. This complexity is clearly illustrated in Attachment 1 by simply following the “Ys” that represent a service delivered in an Area Municipality or at the County. The number of services that are delivered by all is staggering, both resident facing services and administrative or organizational support services. In comparison, within the Chatham-Kent single tier model, there are no duplicate “Ys”. The second key service issue is the fact that the vast majority of administrative or organizational support services are essentially undertaken by all nine government entities in Oxford. These services are not luxuries, rather they are essential to any effective organization. While there are a number of partnerships and synergies leveraged (tax collection, leveraged procurements etc.) the critical reality is they all need to exist in the current two-tier structure almost always nine times over. That is not to say they are duplicated, they are not. Each of the nine organizations in Oxford have their specific needs and many opportunities to partner with one or more municipalities is often explored. The single tier model in Chatham-Kent does not need to search those opportunities, rather they have a built in ability to optimize their delivery. The other service level issue is the allocation of costs. Within the municipal framework today exists the ability to allocate property taxes by service area and access user fees and charges. The appropriate application of these two tools will be essential to ensure cost fairness relative to services received regardless of any proposed governance refinement or change options. Decision-making The primary issue surrounding governance related decision-making is likely to be complexity. Both single tier and two-tier models have equal ability to adjust service levels and apply area rated tax levies, apply user fees/rates, make long-term decisions, seek input from and engage the public. Decision-making in a two-tier model in inherently more complex if the decision at hand spans more than one Area Municipality. As example in the Oxford context, if a community group wishes to broadly introduce or profile an issue and seek political support it may need to address up to nine municipal Councils. Similarly, a municipal Council wishing to influence decisions/action across all of the member municipalities must bring the matter to the remaining eight municipal Councils for collective action/decision. Often before setting a strategy at County Council for example, appropriately the input of all eight municipalities or municipal Councils is sought. While it is fair to say that complexity can increase in a two-tier system, it does not necessarily mean better decision making can only exist in a single tier. Consultation with local councils/staff on various planning policy matters is useful in understanding localized issues and garner perspective that may not be captured as readily in a single-tier approach. Larger single tier municipalities have used Community Councils/Advisory Councils to re-gain the potential advantage of the two-tier structure in this regard. Most typically within the development industry, multiple Council approvals and/or staff input/approvals from upper and lower tier municipalities are required for a particular project to Page 309 of 474 Report No: CAO 2019-03 CAO/CLERK Council Date: March 27, 2019 Page 7 of 9 move forward. For instance, water/wastewater servicing and/or connection approvals and agreements, roadway access approvals, site plan, zoning, building permit, fire safety approvals, plan of subdivision or official plan related, virtually all development activity requires at least some level of engagement with both levels of government in a two-tier structure. The specific municipalities will differ by application, notwithstanding developers and builders must deal with different zoning by-laws and building permit approval processes in each of the eight Area Municipalities they wish to do business in. Yes, the inherent complexity in a two-tier governance structure can always be streamlined, though it will never be eliminated. An Oxford Approach While the Province’s specific intent or overall goals have not been clearly articulated, what is evident is that change in governance, service delivery, and decision-making functionality will be paramount to long-term success. Regardless of the outcomes of the governance review, the potential for added financial and service delivery pressures on municipal governments as the Province moves towards its own vision of financial, community and environmental vitality is real. The inevitable pressures that will be created, highlight the need to ensure an effective governance, service delivery and decision-making model is in place to respond. Area Municipal Councils are beginning to take specific positions, as evident from the Woodstock and Zorra reports. County Council has not taken a formal position at this point. Notwithstanding local positions, County Council is urged to take a methodical approach prior to doing so. Respectfully, the local municipal positions taken thus far appear to disregard any significant consideration of alternatives beyond minor tweaking of the existing two-tier governance model. Nor do they provide any indication of how the specific two-tier proposals made can be evaluated against either the existing two-tier structure, other alternatives or what the Province may propose at the conclusion of its review process. Protecting what is Important Council is urged to determine what is important to protect regardless of the governance structure. For example, often referenced as vital to the success of County Council is the rural/urban balance. It exists at County Council today, as evident with the Chatham-Kent model it can be protected going forward if Oxford so defines it. There are other elements of our community that must be protected regardless of the governance structure we operate within. Only Council can identify and emphasize those critical views to the Minister of Municipal Affairs and Housing, the Premier of Ontario and our local MPP. Define a Criteria for Comparative Evaluation An evaluation criteria need not involve extensive analysis, nor should it all be about savings. Notwithstanding, any alternative governance proposals should be about ensuring the most functional governance, service delivery and decision-making model. To do so requires the ability to easily assess alternatives relatively against a pre-set assessment criteria. Without such an assessment, any position lacks objectivity and credibility. Some of those criteria may be presented in Attachment 1. Others may need to be developed along with the inclusion of a methodology to ensure an assessment of “What is important”. Care should be taken not to over complicate or over analyze. Page 310 of 474 Report No: CAO 2019-03 CAO/CLERK Council Date: March 27, 2019 Page 8 of 9 Determine what is needed for Success Any governance model will comprise critical success factors necessary to ensure promised and successful outcomes through implementation. Discussions with Provincial officials has indicated legislative reform is possible through the regional governance review process. Does Oxford wish to pursue broader change, as part of the legislative reform necessary to implement any significant regional governance changes? Examples of such broader change might be: Oxford may wish to pursue legislative reform to currently mandated services or legislated board requirements so it can “decide for itself”; Legislatively protecting what Oxford defines as important regardless of governance (e.g. urban/rural balance at Council); What of the proposed governance model must be enshrined in legislation/regulation to ensure successful delivery of promised outcomes? Council may also wish to define the specific outcome targets and implementation actions necessary to ensure what is promised is delivered. Process As outline in this report, Council’s position and input to the Regional Governance Review should be established through a thoughtful methodical process culminating in a clear understanding and articulation of the desired outcomes and specific relative merits to the governance, service delivery and decision-making functionality of any proposed governance model. It is staff’s position that this determination should be entirely political and formulated in public. As such, staff suggest that the Warden convene a Special Meeting of County Council. The purpose of the meeting being a public session forum where Members of Council participate in a professionally formulated and facilitated workshop to sequentially draw consensus and conclusion on: a) What about Oxford is important to protect; b) An evaluation criteria to assess the relative merits of all alternatives to the status quo; c) Critical Success Factors and key desired outcomes; d) The evaluation of a Two-Tier Status Quo, Modified Two-Tier and Single Tier; e) Concluding recommendations. Critical to the success of the proposed process is the selection of an independent professional facilitator to develop and facilitate the session and finalize a report summarizing the outcomes. Page 311 of 474 Report No: CAO 2019-03 CAO/CLERK Council Date: March 27, 2019 Page 9 of 9 Conclusions Staff recommend Council take specific action to develop its formal position and input to the Regional Governance Review through a thoughtful methodical process culminating in a clear understanding and articulation of the desired outcomes and specific relative merits to the governance, service delivery and decision-making functionality of any proposed governance model. SIGNATURES Approved for submission: Original signed by Peter M. Crockett, P.Eng. Chief Administrative Officer ATTACHMENT Attachment 1 Oxford County - Regional Governance Review Page 312 of 474 Oxford County - Regional Governance Review ATTACHMENT 1 – Report CAO 2019-03 (Based on filed 2017 Financial Information Reports, for comparison purposes only) Comparable Single Tier (Chatham-Kent) Oxford County Existing Two-Tier Structure County 8 Area Municipalities Explanatory notes Page 1 of 10 Community Overview Population Served 102,000 109,979 Households 47,938 46,352 Land Area (km2) 2,458 2,040 Property Assessment Value (Total) ~ $ 11.7 Billion ~$ 15.6 Billion % Farm 36.2% 26.7% % Industrial, Commercial, Institutional 9.6% 11.7% % Residential (all classes) 54.2% 61..6% Governance Number of Councils 1 9 Number of Elected Officials 18 50 Number of Elected positions 18 60 Rural – Urban split (@ single or upper tier) 50-55% Rural 50% Total Budget (Gross) ~$366.6 M ~$189.9M ~$149.9M ~$348.8 M % Staff Expenditures (salary & wages) 37% 32% 43% 36% Staff (FTE) 1355* (excl. Volunteer Fire) 631.5 n/a n/a FT 1270 509 590 PT 633 298 556 Seasonal 188 9 284 CAO 1 1 8 Estimated based on 2017 Salary Disclosure plus estimated 30% benefits cost Estimated CAO Salary and Benefits ~$315,000 ~$275,000 ~$1, 380,000 ~ Executive Team 9 7 ~24 ~ Total Executive Team Salary and Benefits ~$1,750,000 ~$806,000 ~$4,050,000 % Management Staff ~11.3% ~11 % n/a ~ Mgt. Span of Control (Avg.) ~1:8.6 ~1:8 n/a Strategic Planning and Long-term Commitments Y Y Y,Y,Y,Y,Y,Y,Y,Y Oxford County - Long Term Strategies (Initiated & Supported) Corporate Strategic Plan, Future Oxford Community Sustainability Plan, Community Wellbeing (Supporting FOCSP), 100% Renewable Energy, Zero Waste, Zero Poverty Page 313 of 474 Comparable Single Tier (Chatham-Kent) Oxford County Existing Two-Tier Structure County 8 Area Municipalities Explanatory notes Page 2 of 10 Service Delivery Administration Y Y Y,Y,Y,Y,Y,Y,Y,Y Administrative oversight and management Municipal Budgets and Business Planning Financial Planning Asset Management Risk Management Freedom of Information Human Resources Communications Clerk and Council support County provides IT support to five area municipalities GIS mapping services Web services provided to area municipalities on an as need basis Enterprise VoIP system – in process Enterprise electronic document management system Enterprise property management system – in process Collaborate procurement for multi-function photocopiers (County, Tillsonburg, Ingersoll, Woodstock) Airports Y N Y Tillsonburg owns/operates small municipal airport Ambulance Y Y N Tiered response agreements with all Area Municipalities Animal Control Y N Y,Y,Y,Y,Y,Y,Y,Y Building Services and Chief Building Officials and property standards Y N Y,Y,Y,Y,Y,Y,Y,Y Shared CBO services between two rural municipalities Cemeteries Y N Y,Y,Y,Y,Y,Y,Y,Y Municipal and private operators Childcare (Early Years) Y Y N Fully integrated social housing, Ontario Works and Childcare (Early Years) programs Subsidy managed through Oxford Service Manager, private (non-profit and for-profit) operators Page 314 of 474 Comparable Single Tier (Chatham-Kent) Oxford County Existing Two-Tier Structure County 8 Area Municipalities Explanatory notes Page 3 of 10 Court Security (Police Function) N Y N Woodstock Police provide Court security, receives partial subsidy from County, and provincial grant under the Court Security and Prisoner Transportation Program. All Area Municipalities fund prisoner transportation. County pays full POA Court security costs provided through Woodstock Police Services Court Services Y (POA) Y (POA) Province provides Court Services, facility under lease from the County County pays full POA Court costs Cultural Services (museums, arts galleries and performing arts centres) Y Y Y,Y,Y,Y,Y,Y,Y,Y Area municipal with exception of County Archive service/operations County Archives accommodates archival collections of three area municipalities. Development Charges Y Y Y,Y,Y,Y,Y,Y,Y,Y Woodstock administers independent by-law update cycle/process Remaining municipalities participate in a coordinated by-law update process with County (Zorra and SWOX considering first DC By-law in 2019) Debt Financing Y Y Y,Y,Y,Y,Y,Y,Y,Y Area Municipality debt approved and issued through County Page 315 of 474 Comparable Single Tier (Chatham-Kent) Oxford County Existing Two-Tier Structure County 8 Area Municipalities Explanatory notes Page 4 of 10 Economic Development Y Y (limited) Y Y,Y,Y Rural Oxford Rural Economic Development Corp (Non-profit) jointly controlled (through ROEDC Board) and funded by 5 Rural municipalities Woodstock, Ingersoll and Tillsonburg deliver Ec. Dev. within their respective municipal operations Woodstock, Ec. Dev includes Woodstock and Area Small Business Enterprise Centre (Provincial business program supported) – County partially funds this program. County funding for Oxford Connections, a coordination partnership of all Area Municipal Ec. Dev (urban and rural) operations County financially supports Oxford Workforce Development Partnership. Local Employment Planning Council and Oxford Immigration Partnership Council Community Futures Oxford (Federally and Sand Plains funded) County provides subsidies to various municipal Ec. Dev programs and member of South Central Ontario Regional Ec. Dev. Corp County contracts Legacy Fund administration through Community Futures Oxford County funds and internally operates Tourism program/services Electric Utilities (Local Delivery Corp) Y (Fibre as well) N Y,Y,Y,Y,Y,Y 3 Local Delivery Operators in Oxford Tillsonburg Hydro Inc. (sole municipal ownership) ERTH – operates within and outside Oxford (urban and settlement areas) within Ingersoll, Norwich, SWOX, Zorra and EZT all have share of ownership and Board seat) Hydro One Page 316 of 474 Comparable Single Tier (Chatham-Kent) Oxford County Existing Two-Tier Structure County 8 Area Municipalities Explanatory notes Page 5 of 10 Emergency Management Y Y Y,Y,Y,Y,Y,Y,Y,Y 9 Emergency Plans, ECG and CEMC etc. Fire Y (blended service) N Y,Y,Y,Y,Y,Y,Y,Y Delivery by Area Municipalities, services varies from full time service to volunteer based services Forestry, and Woodlands Conservation N Y Y,Y,Y,Y,Y,Y,Y,Y County administered Woodlands Conservation By-law County Managed Forests and forested lands operated and managed by County, and trees within County road ROW Area municipalities manage woodlots and street trees within their ownership Land-Use Planning Y Y Y,Y,Y,Y,Y,Y,Y,Y County provides full range of municipal planning services (including GIS-based planning information) for the County and Area Municipalities (AM) via a single harmonized service. There are no AM planning departments/staff The County Official Plan serves as the OP for the County and Area Municipalities (AMs), providing County-wide and AM specific policy direction in a single, integrated document. Each AM has their own Zoning By-laws, developed and maintained by County planning County is the approval authority for Official Plan/Amendments, Subdivisions & Condominiums and consents; AMs approve zoning, site plan and minor variances; County provides professional planning services (e.g. review, reports & recommendations for all County and AM applications) County is an executing party to all Municipal Servicing agreements and Subdivision agreements administered through AMs and supported by County Planning services; County Land Division Committee severance agreements administered by AMs Page 317 of 474 Comparable Single Tier (Chatham-Kent) Oxford County Existing Two-Tier Structure County 8 Area Municipalities Explanatory notes Page 6 of 10 Policy development, growth management and related studies and special projects (natural heritage studies, source protection planning, etc.) are undertaken at the County level; County also provides planning support for AM planning-related studies/projects (Community Improvement Plans, Urban Design Guidelines, etc.) Libraries Y Y Y Oxford County Library serves 7 of 8 Area Municipalities Woodstock Library Service Long-term care homes (senior services) Y Y N County operates 228 LTC beds in 3 facilities (Woodstock, Tillsonburg and Ingersoll) Private LTC operations in EZT, Ingersoll, Woodstock and Tillsonburg Municipal Elections Y N Y,Y,Y,Y,Y,Y,Y,Y ERO administered through each Area Municipal Clerk Woodstock Clerk administers County School Trustee election, coordinated with area municipal ERO Municipal licensing Y N Y,Y,Y,Y,Y,Y,Y,Y Administered through each area municipality Parks and Recreation Y N Y,Y,Y,Y,Y,Y,Y,Y Rural municipal operations extensively supported through community volunteers Includes Community Centres Police Y N Y,Y,Y,Y,Y,Y,Y,Y Woodstock Police Service OPP (contract and non-contract based) across remaining area municipalities Public Health Y (internal) Y N Southwestern Public Health Board (Est. in 2018) municipal funding through Oxford, Elgin County and City of St. Thomas Norwich operates Medical Centre Page 318 of 474 Comparable Single Tier (Chatham-Kent) Oxford County Existing Two-Tier Structure County 8 Area Municipalities Explanatory notes Page 7 of 10 Roads, Bridges, Culverts, Active Transportation and structures Y Y Y,Y,Y,Y,Y,Y,Y,Y County and Area Municipal operations and capital, coordinated as appropriate Roads operating agreement with Woodstock, Tillsonburg and Ingersoll within urban centres (County cost) County has boundary road maintenance agreements with neighbouring municipalities bordering Oxford County Street lighting and sidewalks at Area Municipal level Social and Supported Housing Y Y N Fully integrated social housing, Ontario Works and Childcare (Early Years) programs Full Social housing continuum through County owned and operated facilities as well County supported non-profit and charitable operations Social Assistance (Ontario Works) Y Y N Fully integrated social housing, Ontario Works and Childcare (Early Years) programs Solid Waste Management Y Y Y All solid waste management costs incurred by County County contracts private operator for delivery of curbside co-collections (all but SWOX and Woodstock), bulk collections, recyclables transfer to processor along with contract operations of septic drop-off & haulage (including leachate) to WWTP, C&D, L&Y processing County internally operates landfill, (waste disposal, biosolids storage, public drop-off and HHW programs (at landfill site) County contracts SWOX in-house delivery of curbside co-collections (at County approved 6 day cycle) service level (6 day cycle) through contract with County Oxford contracts Woodstock to establish waste management programs, includes internal operation of curbside collections Page 319 of 474 Comparable Single Tier (Chatham-Kent) Oxford County Existing Two-Tier Structure County 8 Area Municipalities Explanatory notes Page 8 of 10 and contract operations of public drop-off, recyclables transfer to processor All area municipalities operate leaf and yard waste depot and transfer at County cost Storm water Y Y Y,Y,Y,Y,Y,Y,Y,Y County responsible for County road storm drainage only Multiple conservation authorities (Upper Thames, Grand River, Long Point and Catfish Creek) proportionate municipal funding through County Tax Collections Y N Y Y,Y,Y,Y,Y,Y,Y,Y Tax billing and collections (including County levy) administered through each area municipality Tax Policy Y Y Y,Y,Y,Y,Y,Y,Y,Y (consulted) Established annually at County in consultation with all Area Municipal Treasurers Trails Y Y (Limited) Y,Y,Y,Y,Y,Y,Y,Y County/Tillsonburg partnership for TCT trail development County responsible for capital improvements to trail specific infrastructure Tillsonburg responsible for operation & maintenance of TCT with municipal limits Not-for Profit trail development partners Transit Y N Y,Y Tillsonburg operates TGo service Woodstock Transit Oxford administers social service transportation cost program Wastewater (Municipal) Y (Public Utilities Corp) Y Y,Y (Limited) Oxford responsible for wastewater programs County-wide (all treatment, collection, pumping, sewer use control and over strength agreements, source water protection etc.) Page 320 of 474 Comparable Single Tier (Chatham-Kent) Oxford County Existing Two-Tier Structure County 8 Area Municipalities Explanatory notes Page 9 of 10 Woodstock and Tillsonburg contracted to provide wastewater collection operations and capital delivery services within municipal limits Ingersoll contracted to provide wastewater capital delivery services within municipal limits Water (Municipal) Y (Public Utilities Corp) Y Y, Y(Limited) Oxford responsible for municipal water programs County-wide (all treatment, distribution, pumping, storage, wells, DWQMS source water protection Woodstock and Tillsonburg contracted to provide water distribution operations services and capital delivery within municipal limits Ingersoll contracted to provide water capital delivery services within municipal limits County has water agreements with neighbouring municipalities bordering Oxford County (i.e. Perth East, Norfolk) Water/Wastewater Asset Management, Capital Programming, Financing and Billing Y (Public Utilities Corp) Y N County establishes all water/wastewater rates, financing, asset management, capital programs and billing services Tillsonburg Hydro Inc. contracted to provide Tillsonburg area water and wastewater billing County contracts private utility to provide water/wastewater billing to all other customers in the County Woodstock, Ingersoll and Tillsonburg contracted delivery of water/wastewater engineering and coordinated capital works delivery Page 321 of 474 Comparable Single Tier (Chatham-Kent) Oxford County Existing Two-Tier Structure County 8 Area Municipalities Explanatory notes Page 10 of 10 Decision Making Localized Service Levels Y Y Y,Y,Y,Y,Y,Y,Y,Y Ability to set area service levels and delivery methodologies exists regardless of governance structure Localized Cost Allocations (Area Rating) Y Y Y,Y,Y,Y,Y,Y,Y,Y Enhanced Area Rating framework could provide broader application regardless of governance structure Strategic Policy Applications Y Y Y,Y,Y,Y,Y,Y,Y,Y Approached differently by each governance body Decisions Required by Multiple Councils N Y Most common with development related approvals Statutory Public Meetings Y Y Y,Y,Y,Y,Y,Y,Y,Y Ability to Seek Public Input Y Y Y,Y,Y,Y,Y,Y,Y,Y Ability for Public to Delegate Y Y Y,Y,Y,Y,Y,Y,Y,Y Page 322 of 474 Page 323 of 474 Page 324 of 474 Page 325 of 474 Page 326 of 474 Page 327 of 474 Page 328 of 474 Page 329 of 474 Page 330 of 474 Page 331 of 474 Page 332 of 474 Page 333 of 474 Page 334 of 474 Page 335 of 474 Present: Lynn Buchner, David Calder, Dave Creery, Peter Crockett, Karen DePrest, Mary Ellen Greb, Will Jaques, Iryna Koval, Denice Krug, Kyle Kruger, Diane Larder, Mike Legg, Don MacLeod, Karen Martin, Rodger Mordue, Dave Rushton, Bill Tigert. 1. Welcome 2. Ministry of Municipal Affairs and Housing – Grant Funding, Oxford County Council Motions March 27, 2019 (Attached) Ontario municipalities have received an unconditional grant from the Ministry of Municipal Affairs and Housing (MMAH). The Province has proposed using the funds for investments in projects such as: service delivery reviews, development of shared services agreements, and capital investments. The Province wants municipalities to document what they do with the money and will likely be requested to advise the Ministry how the funds were used. It was suggested that there may be guidelines for the grant funding, but they have not been released by the Ministry. Most area municipalities noted that they are putting the grant funding into capital, technology or reserves. East Zorra-Tavistock is interested in initiatives related to technology improvements or joint service delivery. Norwich is interested in initiatives related to technology improvement (software) and conducting a joint service delivery review. County Council wants to know what opportunities are available to leverage the dollars with regards to regional governance review and if there is a process to defend the current governance model. Zorra and South-West Oxford may be interested in putting funds towards the SWIFT project. Zorra and Oxford County are setting the funds aside while a use is identified. Oxford County CAOs and Treasurers Meeting Regional Government Review MEETING NOTES April 4, 2019 1:30 p.m. Suite 203, 200 Broadway, 2nd Floor Page 336 of 474 City of Woodstock is investing in a Customer Relationship Management System. It was suggested that the “Made in Oxford Solution” be a joint service delivery review under the current governance structure. Proposed ideas to improve efficiency included staff sharing, centralizing fire services, and responsibility of County roads shifting to the lower tiers, etc. It was suggested that the new requirement for a Community Safety Plan is an example of something that should be a joint effort. It was agreed that a joint service delivery review under the current governance structure would be a good use of a portion of the funds. Each municipality will contribute funds from the MMAH grant for a Service Delivery Review under the existing two-tier model. Karen DePrest, CAO East Zorra-Tavistock, offered to write the initial report and circulate to all CAOs to bring forward to each Council prior to the end of April. The report will propose striking a Steering Committee at the administrative level, a proposed Terms of Reference and joint RFP. Each municipality will offer up to $20,000 each. The report will be sent out early next week for feedback. All CAOs will use the same wording in their reports. The KPMG Terms of Reference from the late 90s should be found and sent to Karen DePrest, East Zorra-Tavistock. 3. Regional Government Review – Oxford County CAO Report, City of Woodstock CAO Report, Zorra Township CAO Report (Attached) a) What about the County of Oxford municipalities is important to protect? b) Evaluation criteria to assess the relative merit of alternatives and the status quo. c) What are the critical success factors and key desired outcomes? d) Evaluation of the current two-tier, a modified two-tier and single-tier options. County Council is interested in a workshop of all nine Councils to discuss the questions identified in the Oxford County CAO report from March 27, 2019. County Council is also interested in having the Advisors attend an open Council meeting following the public consultations on April 16, 2019. 4. Service Delivery Items a) Policing b) County Roads c) Emergency Management d) Integrated Phone System Page 337 of 474 e) Consent and Subdivision Approval f) Shared Services /Service Delivery g) Water Distribution and Wastewater Collection Services h) Others These items will perhaps be covered by the Service Delivery Review. 5. Elected Officials – Numbers It was decided that this is an issue for the Councils to tackle if they desire. 6. County of Oxford Municipal Council Positions There was update on the various Council positions to date. 7. County and Area Municipalities Public Engagement Opportunities for Regional Government Review The Advisors are in control of the public engagement session on April 16, 2019. Information regarding the session is available on the Oxford County website. It was noted that the Speak Up Oxford page is directing people to the Province webpage. The site is not currently soliciting feedback. It was suggested that if the Speak Up Oxford were to solicit feedback that an Ad Hoc Committee made of CAOs that could deal with the comments/questions from the public would be beneficial. The public engagement session is an open setting and there is a ten minute speaking limit per delegation. Registration is required by delegates. It was noted that the municipalities should ensure that the comments made at the public engagement session are summarized. * Since our meeting CAO Crockett has advised that a scribe will be made available to take notes for distribution to the CAO. 8. Other Items There was no other business. Adjourn 2:45 p.m. Page 338 of 474 Resolution # 12 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart WHEREAS the Province of Ontario (MMAH) has begun a Regional Government Reform initiative that includes Oxford County and hence the Town of Tillsonburg; AND Whereas the Council for the Town of Tillsonburg supports an open, transparent and fact-based approach to identifying any areas of operational efficiencies and financial savings; AND WHEREAS the Town of Tillsonburg is committed to both protect and enhance, in a responsible manner, the proud legacy of our municipality; AND WHEREAS the Council for the Town of Tillsonburg opposes a One Tier Governance structure in Oxford County as historical indications suggest it will not result in better decision making, will not result in improved services or level of customer service and will not provide any overall net cost efficiencies; AND WHEREAS the Town of Tillsonburg supports the continuation of a Two Tier Governance structure and/or alternative options and supports an open and transparent approach to identify local and regional efficiencies; NOW THEREFORE BE IT RESOLVED that Council for the Town of Tillsonburg endorses any opportunity to reinforce and enhance a Two-tier Governance structure in Oxford County and/or alternative options; AND FURTHER THAT the material contained within this report be made available to the CAO for his subsequent report as anticipated; AND FURTHER THAT Council endorses the opportunity for enhanced Public Engagement by hosting an Open House session as to be facilitated by Town staff; AND FURTHER THAT a maximum contribution of $20,000 from the MMAH "One-time Funding" revenue be allocated to partner with other Oxford municipalities in a Service Review with respect to a Two-tier governance model; AND FURTHER THAT this report be forwarded to the other municipalities in Oxford, including the County of Oxford as information. Page 339 of 474 Report Title Ice Cream Refreshment Vehicles Report No. CLK 19-13 Author Donna Wilson, Town Clerk Meeting Type Council Meeting Council Date April 23, 2019 Attachments By-Law 4269 To amend By-Law to include Ice Cream Refreshment Vehicles Excerpt from MTO website Page 1 / 3 9411565696,,,CLK 19-13 Amend Business Licence By-Law - Ice Cream vehicles RECOMMENDATION THAT Report CL 19-13, Ice Cream Refreshment Vehicles, be received as information. BACKGROUND At the Council meeting of April 8, 2018 Council requested clarification regarding restricting the hours of operation for an Ice Cream Bicycle and the process required to allow this type of business to operate at a community event. DISCUSSION Staff reviewed the current Business Licence By-Law 3666 regarding refreshment type operations taking part in special events. Within the qualified section 7.0 Food Vending, section 7.5 already exists which states: “The operation of a refreshment vehicle or refreshment stand may be permitted without obtaining a licence in a municipal park or facility under the control of the Parks and Recreation Department during a special event/tournament for which a Parks & Recreation Services Rental Agreement or Special Events Planner has been obtained by a non-profit community association or charitable organization.” This would allow Ice Cream Trucks or Bicycles to participate at community events. The proposed changes to the by-law to address the hours of operation are to remove any reference to hours of operation from the by-law and to refer to the laws in place under the Highway Traffic Act (HTA) which requires that Cyclists must have proper lights, reflective materials and reflectors on their bicycles (and that includes e-bikes) and motor-assisted bicycle (mopeds).. Section 62(17) of the Highway Traffic Act states: HTA s62(17): When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor-assisted bicycle and bicycle (other than a unicycle) shall carry a lighted lamp displaying a white or amber light on its front and a lighted lamp displaying a red light or a reflector on its rear, and in addition white reflective material shall be placed on its front forks, and red reflective material covering a surface of not less than 250 millimetres in length and 25 millimetres in width shall be placed on its rear. Page 340 of 474 Page 2 / 3 CAO • Set fine for improper bicycle lighting or improper lighting is $110 (includes victim fine surcharge and court fees.) The changes proposed to the draft By-Law 4269 to address this issue are as follows: “All persons shall operate or permit the operation of an ice cream truck or bicycle in accordance with the Highway Traffic Act (HTA) and cycling guidelines set out by the Ministry of Transportation.” The Excerpts from the MTO website will be provided to individuals receiving a license to operate an Ice Cream Vehicle within the Town of Tillsonburg for their reference to the laws. FINANCIAL IMPACT/FUNDING SOURCE The Town will receive licencing fees for any business who applies to operate an Ice Cream Vehicle within the Town of Tillsonburg. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☒ Provide diverse retail services in the downtown core Page 341 of 474 Page 3 / 3 CAO Report Approval Details Document Title: CLK 19-13 Amend Business Licence By-Law - Ice Cream vehicles.docx Attachments: - CLK 19-13 Excerpt MTO website - Bicycle.docx - By-Law 4269 amend 3666 Licence Ice Cream vehicle.docx Final Approval Date: Apr 10, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 10, 2019 - 3:40 PM Page 342 of 474 Page 1 of 3 Excerpt from MTO website and changes due to Bill 31 http://www.mto.gov.on.ca/english/safety/bill-31.shtml Cycling The safety of all road users is paramount and that includes cyclists. These cycling changes are directed at encouraging cycling, promoting road safety, and sharing the road. New measures to better protect cyclists include: Changes directed at drivers: “Dooring” or a “door prize” commonly refers to someone who opens a parked motor vehicle door into the path of a cyclist or other traffic. Higher set fine of $365 (includes victim fine surcharge and court fees) + three (3) demerit points; drivers who choose to contest the charge could be subject to a fine up to $1,000 + three demerit points, upon conviction. Drivers must keep a one-metre (3 feet) distance when passing cyclists. Set fine of $110 (includes victim fine surcharge and court fees) Changes directed at cyclists: Cyclists must have proper lights, reflective materials and reflectors on their bicycles (and that includes e-bikes) and motor-assisted bicycle (mopeds). HTA s62(17) says: When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor- assisted bicycle and bicycle (other than a unicycle) shall carry a lighted lamp displaying a white or amber light on its front and a lighted lamp displaying a red light or a reflector on its rear, and in addition white reflective material shall be placed on its front forks, and red reflective material covering a surface of not less than 250 millimetres in length and 25 millimetres in width shall be placed on its rear. Set fine for improper bicycle lighting or improper lighting is $110 (includes victim fine surcharge and court fees.) Page 343 of 474 Page 2 of 3 Excerpt - Bicycle Safety – Ministry of Transportation - http://www.mto.gov.on.ca/english/safety/bicycle-safety.shtml Cycling guides Learn more about safe cycling: Cycling Skills: Ontario's Guide to Safe Cycling (PDF - 9 MB) : a detailed handbook of rules and safety standards for any rider Young Cyclist's Guide (PDF - 2.83 MB) : a kid-friendly handbook book of cycling safety tips and rules for young riders What is a bicycle? A bicycle, or bike, is a vehicle that: has one, two or three wheels (a unicycle, bicycle or tricycle) has steering handlebars and pedals does not have a motor. For motor-assisted bikes, read about electric bicycles or scooters and mopeds Licence and registration Bicycles do not require: registration licence plates vehicle insurance a driver's licence People of all ages can ride a bike. Rules of the road As a cyclist, you must share the road with others (e.g., cars, buses, trucks, motorcycles, etc.). Under Ontario's Highway Traffic Act (HTA), a bicycle is a vehicle, just like a car or truck. Cyclists: must obey all traffic laws have the same rights and responsibilities as drivers cannot carry passengers - if your bicycle is only meant for one person Riding on the right You must stay as close to the right edge of the road whenever possible, especially if you're slower than other traffic. Where you can ride You can ride on most roads, except: controlled access highways, such as Ontario's 400-series highways across a road within a pedestrian cross-over - you must walk your bike to the other side Page 344 of 474 Page 3 of 3 Bike helmets Children and youth By law, every cyclist under age 18 must wear an approved helmet. Riders under 16 years old: a parent or guardian must make sure their child wears a helmet. Adults Helmets are not compulsory for adults over 18; but a helmet can greatly reduce the risk of permanent injury or death if you fall or collide. It is strongly recommended that all riders wear helmets. Types of helmets The best helmets: are made to meet strict safety standards fit properly when worn correctly Bicycle safety resources For more information about cycling safety, check out: CAN-BIKE, a series of education and skill courses on cycling safely Canada's Independent Bicycle Retailers Association the Toronto Cycling Committee: a citizen's advisory group on bike-related policies the Share the Road Cycling Coalition: an organization that works to make communities more bicycle-friendly CAA Bike Safety: safety tips for cyclists and drivers ServiceOntario Publications: order copies of Cycling Skills and the Young Cyclist's Guide Page 345 of 474 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4269 A BY-LAW to amend By-Law 3666, to Govern the Licensing of Businesses within the Town of Tillsonburg. WHEREAS The Corporation of the Town of Tillsonburg deems it necessary and expedient to amend the Town’s Business Licensing by-law to include an Ice Cream Truck or Ice Cream Bicycle as a Licenced Business in the Town of Tillsonburg; WHEREAS Section 150 & 151 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, without limiting the broad powers granted to municipalities through sections 9, 10 and 11 of the Municipal Act, 2001, c. 25 provides that a local municipality may licence, regulate and govern any business wholly or partly carried on within the municipality for one or more of the following purposes: health and safety, nuisance control or consumer protection; AND WHEREAS Sections150 to 159 of the Municipal Act, apply to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act. 2006, c. 32, Sched. A, s. 82. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tillsonburg enacts as follows: 2.0 DEFINITIONS “ice cream bicycle" means an insulated container for storing and transporting frozen ice cream, propelled totally by muscular power without motorized assistance and from which ice cream and other frozen confections may be sold. “ice cream truck" means a vehicle modified to transport frozen ice cream from place to place, which is duly licensed by the Ministry of Transportation and is capable of being driven on highways or within municipalities and from which ice cream and other frozen confections may be sold. 1. THAT Section 7.0 FOOD VENDING shall be amended as follows: 7.7 No person shall operate a competing refreshment vehicle, refreshment stand, Ice Cream Truck or Bicycle within 8 metres (26 feet) of any other refreshment vehicle, refreshment stand or Ice Cream Vehicle/Stand or within 8 metres (26 feet) of the vehicular entrance to the property or in any location which will obstruct the flow of vehicles. 7.11 Provisions Applicable to Ice Cream Trucks and Ice Cream Bicycles No person shall operate an ice cream truck or an ice cream bicycle from which is sold: - heated or cooked food - milk or any beverages - any goods, wares or merchandise or other item other than ice cream, and frozen refreshments. 7.12 Despite Section 7.3 & 7.4, ice cream vehicles may be permitted to operate on municipal property, including road allowances and municipal parks. 7.13 No person shall operate or permit the operation of an ice cream vehicle on any travelled portion of a road allowance within the BIA area. 7.14 All persons shall operate or permit the operation of an ice cream truck or bicycle in accordance with the Highway Traffic Act (HTA) and cycling guidelines set out by the Ministry of Transportation. Page 346 of 474 Insurance 7.15 No person shall operate an ice cream truck or ice cream bicycle unless he takes out and keeps in force during such operation a comprehensive policy of public liability and property damage insurance acceptable to the Licensing Officer. 7.16 The policy shall, at a minimum, provide insurance coverage in respect of any one accident to the limit of five million dollars ($5,000,000) exclusive of interest and costs, against loss or damage resulting from bodily injury to, or death of one (1) or more persons and loss of, or damage to, property. 7.17 Such policy or policies shall be in the name of the owner and shall name The Corporation of the Town of Tillsonburg as an additional insured thereunder, and shall state that The Corporation of the Town of Tillsonburg shall be indemnified by the owner of the licence so that if a law suit is filed against the Town, notwithstanding that the operator or owner of the licence had general liability insurance, the operator or owner of the licence or vehicle will be required to pay to the Town any and all costs it incurred, or losses suffered by the Town, as a result of any legal proceeding. All policy or policies shall also contain a cross- liability of interest clause protecting the Town against any actions, causes of actions, claims and demands whatsoever which may arise resulting from the Town’s issuance of the permit to use the designated area. 7.18 The proof of insurance shall include a provision that the licensing officer will be given at least ten day’s notice in writing of any cancellation, expiration or variation in the policy. 7.19 No person shall fail to have the proof of insurance with him while operating a refreshment vehicle or refreshment stand 2. THAT these amendments to By-Law 3666 are hereby declared to be part of that By- Law as if written therein. 3. This By-Law shall come into full force and take effect upon the final passing hereof. READ A FIRST AND SECOND TIME THIS 23rd DAY OF APRIL, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF APRIL, 2019. _______________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson Page 347 of 474 Report Title Animal Control Subcontractor Agreement Report No. DCS 19-04 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date April 23, 2019 Attachments Hillside Kennels Animal Control Ltd. Agreement RECOMMENDATION THAT Council receives Report DCS 19-04 Animal Control Subcontractor Agreement; AND THAT Council extend the contract for an additional two (2) year term with Hillside Kennels Animal Control Ltd. for the provision of animal control services for the Town of Tillsonburg. AND THAT Council amend the Rates and Fees By-law 4251 to reflect the change in rates. EXECUTIVE SUMMARY In order to enforce the animal control by-law the municipality retains an outside service provider. The last request for proposal for animal control services was issued in 2017 which resulted with the Town entering into an agreement with Hillside Kennels. This agreement expires on April 30, 2019 and has an extension clause as follows: 41. This Agreement shall be effective from May 1, 2017 up to and including April 30, 2019. The Town reserves the right and the Contractor agrees to allow the Town the option of renewal for a further two (2) year term with all conditions contained herein in force. Since that time Hillside Kennels has successfully and economically continued to provide these services for the Town as per the agreement. With the renewal of the contract; Hillside Kennels has requested the following price increases to deliver the services over the next two years to cover their increase in operating costs as noted in the table below. DESCRIPTION OF SERVICE 2018-2019 RATE 2019-2021 RATE INCREASE Call Out Fee for Service 105.00 110.00 5.00 Boarding Fee Per Day – Dog or Cat 25.00 25.00 0.00 Euthanasia & Disposal - Dog 80.00 80.00 0.00 Euthanasia & Disposal - Cat 63.00 60.00 (3.00) Page 348 of 474 2 CAO DESCRIPTION OF SERVICE 2018-2019 RATE 2019-2021 RATE INCREASE Patrol Fee 85.00 85.00 0.00 Live Trap Placement 105.00 110.00 5.00 Dead Animal Pick-Up (call-out, pick- up, removal & disposal) 130.00 145.00 10.00 Court Appearance 35.00/hr 35.00/hr 0.00/hr Trap Re-set Fee (when in Town) 20.00 55.00 35.00 All prices are subject to HST CONSULTATION/COMMUNICATION In search of competitive pricing for the last RFP in 2017, staff was unsuccessful in sourcing other qualified animal control contractors within the Town’s service area (able to respond within 1 hour). A recent review found that no additional animal control contractors have entered the market to provide the services required since 2017. FINANCIAL IMPACT/FUNDING SOURCE The 2019 budget for the animal control services contractor is set at $20,000.00 which took into account an increase in service costs due to the expiration of the agreement. Based on the minimal increase in fees requested it is reasonable to expect that the 2019 budget can be achieved. COMMUNITY STRATEGIC PLAN IMPACT Objective 1 – Excellence in Local Government - Demonstrates accountability as Council continues to support public health & safety. Page 349 of 474 3 CAO Report Approval Details Document Title: DCS 19-04 Animal Control Subcontractor Agreement.docx Attachments: - Hillside Kennels Animal Control Ltd. Agreement.doc Final Approval Date: Apr 16, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 16, 2019 - 4:21 PM Page 350 of 474 THIS AGREEMENT made the _____ day of __________, 2019. BETWEEN: HILLSIDE KENNELS ANIMAL CONTROL LTD. hereainafter called the “Contractor” OF THE FIRST PART and THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the “Town” OF THE SESCOND PART WHEREAS the Town of Tillsonburg is desirous of entering into an Agreement for contracted animal control services within the Town of Tillsonburg, NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. To exercise the duties as required under Town of Tillsonburg By-Law No. 3507, and amendments thereto, for the control of animals, specifically dogs and cats. 2. To maintain an animal shelter for the keeping of dogs and cats under requirement of the Board of Health. Such animal shelter is to be approved by regulation through The Ontario Ministry of Agriculture, Food and Rural Affairs. 3. The Town hereby covenants to pay the agreed upon price, as per Schedule “A” to this Agreement, to the Contractor forty five (45) days from receipt of the invoice for services, and continuing for the life of the Agreement. Invoices will be based on services provided the previous month and will include an itemized list of activities for the period covered. 4. The Contractor shall respond to calls for service regarding dogs running at large within the Town of Tillsonburg. Complaints will be forwarded to the Contractor from the Town and the OPP regarding dogs running at large. The Contractor will be responsible for providing documentation of incidents, which will be submitted to the By-Law Enforcement Officer. 5. Complaints regarding cats will be forwarded to the Contractor from the Town. The Contractor shall attend the residence with authorization from the Town. In the event that the cat is not confined, the Contractor shall receive authorization from the Town to offer the use of a live trap in order to contain the animal. 6. The Contractor shall be responsible for selling a current dog or cat tag to any owner of a dog or cat prior to the dog or cat being released from the pound. No additional compensation will be paid for tag sales. 7. The Contractor will not release any dog until proof is produced that the dog is currently licensed within the Town, or the municipality where the dog is from. 8. A list of all tags sold shall be provided monthly to the Town, using a form that will be provided by the Town’s By-Law Enforcement Officer. 9. Tag monies shall be remitted along with the monthly billing to the Tillsonburg Customer Service Centre. 10. The Town shall provide the Contractor with a supply of current year tags sold to date. The list of the tags sold shall be provided to the Contractor on a monthly basis. 11. The Contractor shall record information regarding dogs running at large and proceed as necessary with further action. Information/evidence regarding dogs running at large will be provided to the Town’s By-Law Enforcement Officer. The Contractor shall attend court as required. 12. The Contractor will keep accurate records as required by the Town and the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). The Contractor shall Page 351 of 474 submit monthly reports to the Town by no later than the 10th day of the following month. The reports must include, but not be limited to: 1) the date of pick-up of dog(s) and/or cat(s), 2) the name, address and telephone number of the complainant, 3) the name, address and telephone number of the owner (if animal is redeemed), 4) the tag sale information, 5) the total costs associated with the redemption, 6) the number of animals picked up, 7) a description of the animal, 8) the condition of the animal, 9) the disposition of the animal (i.e. redeemed, adopted, euthanasia), 10) the total cost of the call including pick-up fee, boarding costs and euthanasia cost, 11) the number and location of traps set. 13. Patrols shall be scheduled at the request of the Town and shall not be performed on a routine basis. 14. The Contractor shall reply courteously and promptly to all inquiries to call for service, provide approximate response time to the complainant at the time the call for service is received by the Contractor, and respond to calls within one (1) hour from the initial time of notification, provide a 1-800 number for the duration of this agreement and provide a web/social media link. 15. The Contractor shall ensure that all sick or injured animals receive immediate medical attention by a qualified veterinarian. Veterinary services must be available on a twenty- four hour basis to handle emergencies. 16. The Contractor shall keep all dogs or cats impounded for a minimum of three (3) days, holidays included. The Contractor shall attempt to contact the owner of the dog or cat impounded while in Town and as quickly as possible. The Contractor is encouraged to keep the animal longer than the required three days at the Contractor’s expense to promote adoptions and cost savings. 17. The Contractor shall charge the pet owner the sum of the call out fee plus the per diem boarding fee when the owner redeems the pet. These funds shall be deducted from the Town’s monthly invoice. 18. The Contractor shall advise the By-Law Officer when a second offence occurs. 19. The Contractor agrees to provide Interact, MasterCard and Visa services as well as mobile Interact, MasterCard and Visa. 20. The Town will conduct quarterly reviews of the Contractor. This review will be conducted by the Chief Building Official and the By-law Enforcement Officer. Items that will be covered in this contract can include amongst other items, verifying level of service, response time, customer service, billing discrepancies, the adoption program and vaccinations. 21. The Contractor shall provide a comprehensive adoption program. Accurate records will be kept by the Contractor related to all adoptions of all animals. The Contractor may retain any revenue derived from an adoption of an animal. 22. All animals to be euthanized shall be dealt with in a humane way and in accordance with Provincial regulations. A certified and licensed Veterinarian will conduct all disposals. All animals diagnosed as diseased by a certified and licensed Veterinarian may be disposed of immediately. All others must be held in conformance with Provincial regulations. All records related to disposal of any animal shall be kept and available to the Town upon request. 23. The Contractor shall provide and maintain a pound facility and offer animal control services in accordance with all relevant legislation and regulations, including, but not limited to: The Animals for Research Act, The Pounds Act, the Board of Health, The Health Protection and Promotion Act (rabies), applicable Municipal By-laws, The Municipal Act, and any rules or regulations established by Ontario Ministry of Page 352 of 474 Agriculture, Food, and Rural Affairs (OMAFRA). The facility will include an indoor and outdoor run area as well as holding cages. 24. The Contractor must operate and be licensed under the rules and regulations of The Ontario Ministry of Agriculture, Food and Rural Affairs. The Contractor should be a member in good standing of The Association of Animal Shelter Administrators of Ontario. 25. Animal control facilities should be capable of housing enough animals for periods beyond the required three day stay, in an effort to promote adoption. 26. All facilities must meet the criteria required by legislation and must be inspected on an annual basis by OMAFRA. The Contractor must show a good disease prevention program, including cleaning, quarantine, and a vaccination schedule. Any deficiencies shall be reported to the Town forthwith. 27. The facilities shall be open from 8:00 a.m. to 7:00 p.m., Monday to Friday and 8:00 a.m. to 12:00 p.m. on Saturdays. 28. A suitable vehicle(s) will be included and provided by the Contractor. Said vehicle(s) will be clearly marked as an animal control service vehicle. All vehicles will be properly insured, maintained and equipped, and be maintained in a tidy condition. 29. The vehicle(s) used for animal control services shall be equipped with trained staff in the care, capture, confinement and handling of injured or difficult animals. The equipment in the vehicles shall include, but not be limited to, nets, cages, collars, leashes, tranquilizer guns, traps, etc. 30. The Contractor shall be responsible for all costs including fuel, operation, maintenance, licensing and insurance of all equipment and vehicles used to supply the Animal Control Service. 31. The Contactor shall provide a twenty-four hour service using either staff or an answering service (no telephone answering machine) to receive calls from the Oxford OPP or the Tillsonburg Customer Service Centre. 32. The Contractor shall provide dog and cat care services by fully trained and fully qualified staff in the animal control field. 33. The Contractor shall investigate complaints received from Municipal Staff or Oxford OPP regarding animals running at large, and respond or take action to dogs and/or cats running at large. 34. All dogs and/or cats picked up while running at large will be returned to the owner while in Town if possible or returned to the Animal Control Shelter; properly recorded and held for recovery by owners in accordance with By-Law 3507, or amendments thereof, and if not claimed can be sold as pets, adopted or disposed of through a proper and Licensed Veterinarian Service in a humane manner. 35. The Contractor shall furnish to the Town, upon the execution of this Agreement, a Clearance Certificate issued by the Workplace Safety & Insurance Board which waives its rights under Section 11(3), R.S.O. 1990 of the Workers' Compensation Act to hold the Municipality liable for any liability of the Contractor for assessments and levies owing to the Workplace Safety & Compensation Board. 36. The Contractor shall perform the services as agreed herein with regard to the Town's Health and Safety Policies and Procedures. The responsibilities of the Contractor include the following: a) demonstrate the establishment and maintenance of a health and safety program with objectives and standards consistent with applicable legislation and the Town's health and safety policy and requirements; b) include health and safety provisions in their management system to reach and maintain consistently high level of health and safety; and Page 353 of 474 c) ensure the workers in your employ are aware of the hazardous substances that may be in use at the workplace and wear the appropriate personal protective equipment required for the area. 37. The Contractor shall post the animal recovery costs as set by the Town in the Animal Control Shelter. 38. The Contractor shall indemnify and save completely harmless the Town from and against all actions, suits, claims and demands of any kind which may be brought against or made upon the Town, and against all loss, costs, damages, injuries, or expenses which the Town may sustain, incur or become liable for arising from the negligence of the Contractor or his/her employees. 39. This Agreement may be terminated by the Town upon sixty (60) days written notice. 40. This Agreement shall enure and be binding upon the Parties hereto and their successors when attached to and confirmed by By-law of the Council of the Town and signing by the Contractor and shall not be assigned without the consent of both Parties. 41. This Agreement shall be effective from May 1, 2019 up to and including April 30, 2021. IN WITNESS WHEREOF THE CORPORATE SEAL OF THE TOWN IS HEREUNTO AFFIXED AND ATTESTED BY THE PROPER SIGNING OFFICERS THEREOF. HILLSIDE KENNELS ANIMAL CONTROL LTD. _____________________________ ________________ Tracy Gibson Date ______________________________ ________________ Date THE CORPORATION OF THE TOWN OF TILLSONBURG _____________________________ ________________ MAYOR Date ______________________________ ________________ CLERK Date Page 354 of 474 SCHEDULE "A" to Agreement The following represents a listing of services and the respective fees. DESCRIPTION OF SERVICE 2019-2021 RATE Call Out Fee for Service – Dog or Cat 110.00 Boarding Fee Per Day – Dog or Cat 35.00 Euthanasia & Disposal - Dog 80.00 Euthanasia & Disposal - Cat 60.00 Patrol Fee – flat rate per request 85.00 Live Trap Placement 110.00 Dead Animal Pick-Up (call-out, pick-up, removal & disposal) 145.00 Court Appearance 35.00/hr Trap Re-set Fee (when in Town) 55.00 All prices are subject to HST. Page 355 of 474 Report Title Fireworks By-Law Report No. FRS 19-03 Author Amelia Jaggard, Legislative Services Coordinator Terry Saelens, Acting Fire Chief Meeting Type Council Meeting Council Date April 23, 2019 Attachments By-Law 4293 red line version Page 1 / 5 Fireworks By-Law RECOMMENDATION THAT Council receives Report FRS 19-03 Fireworks By-Law; AND THAT By-Law 4293, To Regulate the Sale, Display and Discharge of Fireworks within the Town of Tillsonburg, and to repeal By-Law 3510, be brought forward for Council consideration. EXECUTIVE SUMMARY The Town of Tillsonburg Fireworks By-Law requires to be updated to align with applicable legislation and best practices, and to help eliminate any potential liability to the corporation. BACKGROUND Section 121 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a local municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks, and further that a by-law may prohibit those activities unless a permit is obtained for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans. In addition, Section 151 of the Municipal Act, 2001, c. 25, as amended provides that a local municipality may establish a system of licences with respect to a business. Subsection 7.1 (1) of the Fire Protection and Prevention Act, 1997, c. 4, as amended, provides that a council of a municipality may pass by-laws regulating fire prevention, including the prevention of spreading fires DISCUSSION Formatting A red line version of the Fireworks By-Law has been attached for Council’s review. Please note that the formatting has been updated and some sections were reordered to make the by-law more understandable. The red sections are lines struck from the by-law and the blue text has been added. Definitions A number of definitions have been added and some existing definitions were revised to provide further clarification. Page 356 of 474 Page 2 / 5 CAO The definitions of “Display Fireworks,” “Consumer Fireworks,” “Firecracker” and “Pyrotechnic Special Effect” have been updated to more accurately reflect the classifications of each as determined by the Explosives Regulatory Division of Natural Resources Canada. The Explosives Regulatory Division of Natural Resources Canada from time to time updates the “List of Authorized Explosives” which contains all explosives that can be imported into or manufactured, transported, possessed or used in Canada. A definition has been added for “Prohibited Fireworks,” which means any fireworks that are not included on the most recent “List of Authorized Explosives.” The definition of “Property” has been amended to include any building, structure mobile buildings, mobile structures, temporary mobile retail outlets and vacant land. A definition for “Retail Outlet” has been included which indicates what structures, which meet the requirements of the Explosives Act, are permitted for the purposes of the sale of consumer fireworks. Section 3 – General Provisions The application section now identifies that the by-law does not apply to recreational low hazard fireworks (i.e. Christmas crackers) or low hazard fireworks having a practical use (i.e. highway safety flares), and does not apply to the sale by wholesale of fireworks, meaning it does not apply to manufacturers which sell fireworks to businesses. A provision has been removed that had restricted the sale of fireworks out of a vehicle including a booth, stall, tent, and trailer. A “Retail Outlet” includes a building or part of a building, booth, stall, tent, trailer, place or other movable, temporary shelter used for the purposes of the sale of consumer fireworks that meets the requirements of the Explosives Act, but does not include a motorized vehicle. Section 4 – Consumer Fireworks In addition to a Municipal Law Enforcement Officer, a Fire Prevention Inspector has been provided the authority to request a holder of a Retail of Consumer Fireworks License to produce such license. It has been included that a Retail of Consumer Fireworks License is only valid for the duration of the calendar year in which it was issued. In addition, a renewal process has been included to streamline the process for past license holders. A renewal fee will be brought forward for Council consideration in the Rates and Fees By-Law for 2020. Section 5 – Display Fireworks The authority to approve a Display Fireworks license has been provided to the Chief Fire Official, or designate. In addition, the amount of liability insurance coverage for the setting off or holding of a display of Display Fireworks has been increased to a minimum amount of $5,000,000 which is the new standard requirement. Section 6 – Pyrotechnics Page 357 of 474 Page 3 / 5 CAO Information has been included regarding the responsibilities of a person approved to conduct a Pyrotechnic Special Effects Display. Section 7 – Enforcement and Inspections The authority to revoke a license issued under the Fireworks By-Law has been extended to the Chief Fire Official, or designate. It has been included that in accordance with section 436 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, a municipal law enforcement officer may enter on a property at any reasonable time for the purpose of carrying out an inspection to determine whether or not this By-law, including a condition of a Permit issued under this By-law, or that an order or direction of the Town of Tillsonburg or a law enforcement officer issued in accordance with this By-law is being complied with. CONSULTATION/COMMUNICATION The updated Fireworks By-Law was provided to the Chief Building Official (CBO) for comment. Staff reviewed fireworks by-laws from a number of municipalities including Norfolk County, the Town of Collingwood, the City of London, the City of Woodstock, and the City of Oshawa. FINANCIAL IMPACT/FUNDING SOURCE A license fee and renewal fee will be brought forward for Council consideration in the Rates and Fees By-Law for 2020. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 358 of 474 Page 4 / 5 CAO Page 359 of 474 Page 5 / 5 CAO Report Approval Details Document Title: FRS 19-03 Fireworks By-Law.docx Attachments: - By-Law 4293 - Red Line Version.pdf Final Approval Date: Apr 15, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 15, 2019 - 3:47 PM Page 360 of 474 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4293 A BY-LAW To Regulate the Sale, Display And Discharge of Fireworks within The Town of Tillsonburg, and to repeal By-Law 3510. WHEREAS section 9 of the Municipal Act, S.O. 2001, c. 25 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS section 121 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a local municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks, and further that a by-law may prohibit those activities unless a permit is obtained for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans; AND WHEREAS section 151 of the Municipal Act, 2001, c. 25, as amended provides that a local municipality may establish a system of licences with respect to a business; AND WHEREAS subsection 7.1 (1) of the Fire Protection and Prevention Act, 1997, c. 4, as amended provides that a council of a municipality may pass by-laws regulating fire prevention, including the prevention of spreading fires; WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended , clause (a) of section 121, provides that a municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks; AND WHEREAS, a By-Law pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, clause (b) of section 121, may prohibit the sale and the discharging of fireworks unless a permit is obtained and may impose conditions for obtaining, continuing to hold and renewing the permit including requiring the submission of plans; AND WHEREAS the Council of The Corporation of the Town of Tillsonburg deems it necessary to regulate the sale and setting off of fireworks, NOW THERFORE the Council of the Corporation of the Town of Tillsonburg hereby enacts as follows: 1. Short Title 1.1. This By-Law shall be known as the "Fireworks By-Law". 2. Definitions "Act" means the Explosives Act (R.S., 1985, c. E-17) (Canada) and the regulations enacted there under. “Applicable Laws” means any and all applicable federal, provincial, or municipal laws, statutes, by-laws, rules, regulations, policies, orders, directives and codes, including, but not limited to, the Explosives Act, the Fire Protection and Prevention Act, 1997, the Fire Code, and the Transportation of Dangerous Goods Act, 1992 (1992, c.34), as each may be amended from time to time. "Chief Fire Official" means the Chief Fire Official of the Town of Tillsonburg appointed under the authority of the Fire Prevention and Protection Act, or designate. or authority having jurisdiction. "Consumer Fireworks" means low hazard recreational fireworks (Canadian class 7.2.1 / F.1) such as small fountains, volcanoes, pinwheels, cakes, preload articles, sparklers and Roman Candles, and other similar devices. means an outdoor, low hazard article designed for recreational use and they are classed as Subdivision 1 of Division 2 of Class 7 Fireworks under the Act (1.4G in the Transportation of Dangerous Goods (TDG) Regulations). They include fireworks showers, fountains, Page 361 of 474 golden rain, lawnlights, pin wheels, Roman candles and volcanoes,, but do not include sparklers, Christmas crackers or caps for toy guns containing not in excess of twenty-five on hundredth of a grain of explosive used per cap. “Corporation” means a corporation incorporated pursuant to the Business Corporations Act, as amended, the Corporations Act, as amended, or the Canadian Business Corporations Act, R.S.C. 1985, c. C-44, as amended. “Discharge” means when used in relation for fireworks, prohibited fireworks and firecrackers, includes firing, igniting, exploding and setting off such articles. “Display Assistant” means a Person who has successfully completed the Display Fireworks Safety and Legal Awareness course and who works under the direct supervision of the Supervisor in Charge to put on outdoor fireworks displays. "Display Fireworks" means high hazard fireworks (Canadian class 7.2.2 / F.2), such as aerial shells, mines and larger Roman Candles, designed for use at public gatherings. Only Supervisors in Charge are permitted to fire display fireworks. means an outdoor, high hazard, recreational firework that is classed as Subdivision 2 of Division 2 of Class 7 Fireworks under the Act, and includes rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illuminations, set pieces, and pigeons but does not include firecrackers. "Display Fireworks Manual" means the display fireworks manual as published from time to time by the Explosives Branch of Natural Resources Canada, or any publication in substitution therefor that applies to display fireworks. means the manual released by Natural Resources Canada: Explosives Regulatory Division as amended. "Display Supervisor" means a person who has certification of basic proficiency in the field of fireworks. means a Person who is an approved purchaser of Display Fireworks and who is qualified under the Act to supervise the discharge of Display Fireworks. “Explosives Act” means the Explosives Act (R.S. 1985, c.E-17) and the regulations enacted thereunder from time to time or any Act or Regulations enacted in substitution therefor. “Explosives Regulations” means the Explosives Regulations, C.R.C., c.599, as amended, issued under the Explosives Act, and any regulations enacted from time to time in substitution therefor. “Fire Chief” means the Chief Fire Official (Fire Chief) of the Town of Tillsonburg appointed under the authority of the Fire Prevention and Protection Act, or designate. “Fire Code” means Ontario Regulation 213/07 made under Part IV of the Fire Protection and Prevention Act, 1997, as may be amended from time to time, and any regulations enacted from time to time in substitution therefor. “Fire Prevention Inspector” means a fire prevention inspector for the Town of Tillsonburg and includes an Assistant to the Fire Marshal. “Fire Protection and Prevention Act” means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, and any regulations enacted thereunder from time to time or any act or regulations enacted in substitution therefor. "Firecracker" means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion but does not include paper caps containing not more than 0.25 of a grain of explosive or average per cap, devices for use with such caps, safety flare, or marine rockets. , and Page 362 of 474 includes devices commonly known as Chinese firecrackers. "Fireworks" means a device that explodes or burns to produce visual or sound effects, including Display Fireworks, Pyrotechnic Special Effects Fireworks and Consumer Fireworks. means Display Fireworks, Pyrotechnic Special Effects Fireworks and Family Fireworks and: "License" means a license or permit issued by the Licensing Officer for the Corporation of the Town of Tillsonburg. "Licensing Officer" means the Clerk of the Town of Tillsonburg / Manager of Council Services, or designate. "Municipal Law Enforcement Officer" means a person appointed by the Council for the Town of Tillsonburg for the purpose of enforcing Municipal by-laws and for the purposes of this By-Law shall include the Ontario Provincial Police or any other police agency. “Net Explosive Quantity (NEQ)” means the mass of the explosives excluding the mass of any packaging or container. If the net explosive quantity cannot reasonably be determined for any Consumer Fireworks, the net explosive quantity is calculated as 25% of the gross mass of the article. "Owner" means the Person who owns the Property and, for the purposes of this By- Law, shall include any owner, occupant, tenant or lessee. "Person" means the Owner and may also include any individual, company, corporation, partnership, firm, trust, sole proprietorship, government or government agency, authority or entity, however constituted, joint venture, syndicate or any other legal entity, and includes all successors, assigns or other legal representatives of any such entities. A person shall not include a Display Supervisor or Pyrotechnician as defined in this By-Law. “Prohibited Fireworks” means any fireworks that are not included on the most recent list of authorized fireworks as published from time to time by the Explosives Regulatory Division of Natural Resources Canada, or their successors, and includes, but is not limited to, cigarette loads or pings, exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry bombs, M-80 and silver salutes and flash crackers; throw down and step on torpedoes, and crackling balls, exploding golf balls, stink bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and battle sky rockets, and fake firecrackers. "Property" means any parcel of land or registered water lot and, without limiting the generality of the foregoing, shall means lands and premises appurtenant to a building or structure whether residential or commercial and includes any building, structure mobile buildings, mobile structures, temporary mobile retail outlets and vacant land. but shall exclude any building or structure. "Pyrotechnics" means the science of materials capable of undergoing self-contained and self-sustained exothermic chemical reactions for the productions of heat, light, gas, smoke and/or sound. "Pyrotechnic Special Effects" includes explosives used to produce a special effect in a film or television production or a performance before a live audience; explosives which may be classified as type F.3 in the Act; fireworks accessories which may be classified as type F.4 in the Act; black powder and hazard category PE 1 black powder substitutes; smokeless black powder and hazard category PE 3 black powder substitutes; initiation systems classified as type I under the Act such as blasting accessories; and detonating cord classified as type E.1 under the Act. means compositions, articles and devices created for the purpose of entertainment through the use of pyrotechnic, propellant and explosive materials. Page 363 of 474 "Pyrotechnician" means the Pperson certified by Natural Resources Canada to conduct a public or private Pyrotechnic Special Effects Display. "Pyrotechnics Special Effects Manual" means the manual released by Natural Resources Canada: Explosives Regulatory Division as amended. "Retail Sale" includes offering for sale, causing or permitting to be sold and possessing for the purpose of sale other than wholesale. means a sale for the purpose of consumption or use and not for resale and includes sale by auction. “Retail Outlet” means a building or part of a building, booth, stall, tent, trailer, place or other movable, temporary shelter used for the purposes of the sale of consumer fireworks that meets the requirements of the Explosives Act, but does not include a motorized vehicle. "Vehicle" shall include a motor vehicle, trailer, recreational vehicle, camper, all terrain vehicle, mobile home, boat, watercraft, traction engine, farm tractor, road- building machine and a vehicle drawn, propelled or driven by any kind of power, including a motorized snow vehicle, or the cars of electric or steam railways running only upon rails. “Special Effects Pyrotechnics Manual” means the manual released by Natural Resources Canada: Explosives Regulatory Division as amended or any publication in substitution therefor that applies to Pyrotechnic Special Effects. “Town” or “Town of Tillsonburg” means The Corporation of the Town of Tillsonburg or the geographic area of the Town of Tillsonburg as the context requires. 3. General Provisions 3.1. Application 3.1.1. This By-law applies to all lands and premises within the Town of Tillsonburg. 3.1.2. This By-law does not apply to the following recreational low hazard fireworks of Class 7, Subdivision 1 of Division 2 of the Explosives Regulations: Christmas crackers and paper caps for toy guns containing not more than 0.25 of a grain of explosives on average per cap. 3.1.3. This By-law does not apply to the following low hazard fireworks having a practical use: highway safety flares, fuses and other small distress signals classed as Class 7, Subdivision 4 of Division 2 of the Explosives Regulations. 3.1.4. This By-Law does not apply to the sale by wholesale of fireworks. 3.1.3.2. Prohibitions - General 3.1.1. No Person shall store, handle, sell, or display Fireworks within the Town of Tillsonburg except in accordance with the Act and the provisions of this By-Law. 3.1.2. No Person shall discharge any fireworks within the Town of Tillsonburg except in accordance with this By-law. 3.1.1.3.1.3. No Person shall store, handle, sell, or display Fireworks except in the Central Commercial (CC) or Service Commercial (SC) zones. 3.1.2. Fireworks shall not be sold out of a vehicle; which includes a booth, stall, trailer, motor vehicle, recreational vehicle, camper, all terrain vehicle, mobile home, but shall only be sold from a commercial building or accessory structure in the required zone. 3.1.3. No Person shall store, handle, sell, or display Fireworks unless permitted by the Town of Tillsonburg to do so. except in accordance with the Act and this By-Law as an accessory use only. 3.1.4. No Person shall store, handle, sell, or display Fireworks without written permission of the Chief Fire Official. 3.1.4. No Person under the age of eighteen (18) years shall possess Fireworks. Page 364 of 474 3.1.5. No Person shall store for sale, display, sell or discharge fireworks within the Town of Tillsonburg in a manner contrary to the Criminal Code, R.S., 1985, c.C-46, as amended, the Explosives Act, the Fire Protection and Prevention Act, 1997 or any other applicable laws. If any provision in this By-law conflicts with the Explosives Act, the more stringent requirements will prevail. 3.2. Prohibitions - Firecrackers 3.2.1. No Person shall offer for sale, cause to be sold, or sell Firecrackers. 3.2.2. No Person shall set off, or cause to be set off any Firecrackers. 3.2.3. No Person shall possess Firecrackers. 4. Consumer Fireworks 4.1. Consumer Fireworks – Sale 4.1.1. No Person shall sell any Consumer Fireworks to any Person under the age of eighteen (18) years. 4.1.2. No Person shall display and/or sell any Consumer Fireworks except on Canada Day, Labour Day, New Year's Eve, and on the day fixed by proclamation for the observance of Victoria Day, or any other such day as is proclaimed by the Town of Tillsonburg as a suitable patriotic celebration, and the proceeding seven (7) days in each case. 4.1.3. No Person shall advertise the sale of Consumer Fireworks except on Canada Day, Labour Day, New Year's Eve, and on the day fixed by proclamation for the observance of Victoria Day, or any other such day as is proclaimed by the Town of Tillsonburg as a suitable patriotic celebration, and the preceding twenty-one (21) days in each case. 4.1.4. No Person shall sell to any person any Consumer Fireworks, of a type or the setting off of which is prohibited by the provisions of this By-Law or the Act. 4.1.5. No Person shall display, sell or offer or expose for sale any Consumer Fireworks without first obtaining a License to do so from the Licensing Office by completing in its entirety a "Retail of Consumer Fireworks Application Form" and such License application is approved by the Chief Fire Official and after paying the appropriate non-refundable application fees as set out in the current Town of Tillsonburg Rates and Fees By-Law. Said License is non-transferable by owner and/or location or premise. 4.1.6. The holder of a License issued under Subsection 4.1.5. shall prominently display the License in the place of business where the Fireworks are being offered for sale and such License shall be produced to any Municipal Law Enforcement Officer or Fire Prevention Inspector upon request. 4.1.7. A License issued under Subsection 4.1.5. shall be valid only for the duration of the calendar year in which it was issued. 4.1.7.4.1.8. Upon receiving written authorization by the Chief Fire Official pursuant to this By-law, a Permit issued under Subsection 4.1.5. can be renewed for additional calendar year(s). Said renewal can only be granted upon completing and submitting a renewal application to the Chief Fire Official and after paying the appropriate non-refundable renewal application fee(s) as set out in the current Town of Tillsonburg Rates and Fees By-law. Said License renewal is non-transferable by owner and/or location or premise. 4.1.8.4.1.9. Every Person displaying or storing Fireworks shall post a clearly visible sign prohibiting smoking in letters or symbols at least 100 mm 10 cm high in the display area and on each door to the storage unit, or on the container being used as a storage unit. 4.1.9.4.1.10. No Person shall smoke or use an open flame, such as a light, match or torch, in a room or space where Fireworks are stored or displayed or in any case less than three (3) metres from any fireworks. 4.2. Consumer Fireworks – Discharging 4.2.1. No Person shall ignite, set off or have a display of Consumer Fireworks on any Property unless such Person is the owner of that Property or has written permission to do so by the owner of such Property. Page 365 of 474 4.2.2. No Person shall ignite, set off of have a display of Consumer Fireworks without the supervision of a responsible Person of at least eighteen (18) years of age. 4.2.3. The Person in Subsection 4.2.2. shall have the necessary means readily at hand to summons the Fire Department. 4.2.4. No Person shall ignite, discharge or set off any Consumer Fireworks into or inside of any building, structure, vehicle, or on any other place of Property where such ignition, discharge or setting off may create a nuisance or safety hazard to any Person or Property. 4.2.5. No Person shall ignite, discharge or set off any Consumer Fireworks into or on Municipal Property including without limitation, streets, lanes, squares or other public places without written approval of the Licensing Officer. 4.2.6. No Person shall ignite, discharge or set off any Consumer Fireworks off of, or from the roof of any building or structure, or anywhere with less clearance to persons and combustible property as is prescribed by the manufacturer on the exterior of the firework article without written approval of the Chief Fire Official or designate. 4.2.7. No Person shall ignite, discharge or set off any Consumer Fireworks after the hour of 11 p.m. (local time) on the day of, two (2) days previous to, or two (2) days following the days established by Section 4.1.2. 4.2.8. A Display Supervisor may make application to use Consumer Fireworks outside of the dates established in Subsection 4.1.7. by following the procedures established by Section 5.2. 5. Display Fireworks 5.1. Display Fireworks – Sale 5.1.1. No Person shall sell any Display Fireworks to any Person under the age of eighteen (18) years or to any Person unless they are qualified as a Display Fireworks Supervisor. 5.2. Display Fireworks – Event Approval Licensing 5.2.1. No Person shall ignite, set off, or have a display of Display Fireworks without first obtaining a License to do so from the Chief Fire Official Licensing Officer by completing in its entirety the current "Display Fireworks Event Form" and such Town of Tillsonburg Special Events application License application is approved by the Chief Fire Official, and after paying the appropriate non-refundable application fees as set out in the Town of Tillsonburg Fees By-Law. 5.2.2. No Person shall ignite, set off, or have a display of Display Fireworks except in accordance with the information provided on the "Display Fireworks Event Form" required in Subsection 5.2.1. 5.2.3. Every application shall be made not less than twenty-one (21) days prior to the setting off of the Display Fife works. 5.2.4. Every application for a License must include proof of liability insurance coverage for the setting off or holding of a display of Display Fireworks in the minimum amount of $5,000,000 $2,000,000 and shall name the Town of Tillsonburg as an additional named insured. 5.2.5. Every application shall state the name and contact information in which the License is to be issued, state the date, time, and location or site of the setting of the Display Fireworks and state the name and phone number of the Display Fireworks Supervisor. 5.3. Display Fireworks – Discharging 5.3.1. No Person shall ignite, set off, or have a display of Display Fireworks on any Property unless such person is the owner of the Property or has written permission to do so by the owner of that Property. 5.3.2. No Person shall ignite, set off, or have a display of Display Fireworks unless such Person is qualified as a certified Display Fireworks Supervisor with applicable endorsements, if any. 5.3.3. A Display Supervisor shall produce a current certificate of qualification as issued by the Explosive Regulatory Division upon the request of any Page 366 of 474 Municipal Law Enforcement Officer or Fire Prevention Inspector. 5.3.4. No Person shall ignite, set off, or have a display of Display Fireworks unless there is provided and maintained fully operational fire extinguishing equipment, ready for immediate use and present at all times and for a reasonable period thereafter at the location or site of the discharge of Display Fireworks. 5.3.5. No Person shall transport, setup, ignite, or operate Display Fireworks except in accordance with the requirements outlined in the Display Fireworks Manual and this By-Law. 5.3.6. Upon conclusion of the display, the Display Fireworks Supervisor shall walk the display site and fallout area. Any unused fireworks and all debris resulting there from shall be removed immediately and safely disposed of by the License holder. 6. Pyrotechnics 6.1. No Person shall conduct an event including Pyrotechnic Special Effects without the approval of the Chief Fire Official or designate. 6.2. No Person shall transport, setup, ignite, or operate Pyrotechnic Special Effects without having first obtained a Permit issued by the Fire Chief authorizing the display of Pyrotechnic Special Effects. All displays of Pyrotechnic Special Effects shall be in accordance with the requirements outlined in the Special Effects Pyrotechnics Manual. except in accordance with the requirements outlined in the Pyrotechnic Special Effects Fireworks Manual. 6.3. No Person shall transport, setup, ignite, or operate Pyrotechnic Special Effects without having first obtained a Permit issued by the Fire Chief authorizing the display of Pyrotechnic Special Effects. All displays of Pyrotechnic Special Effects shall be in accordance with the requirements outlined in the Special Effects Pyrotechnics Manual. 6.4. An application for event approval shall be made using a current "Pyrotechnic Special Event Approval Form" approve by the Chief Fire Official, a "Pyro Effects plan" for live entertainment containing the requirements as set out by the Chief Fire Official of a "Letter of Intent" for film productions containing the requirements as required by the Chief Fire Official, and a letter from the venue's owner or agent granting permission for the use of pyrotechnics special effects. All forms must be submitted to the Chief Fire Official at least 1 month prior to the event, and after paying the appropriate non-refundable application fees as set out in the current Town of Tillsonburg Rates and Fees By-Law. 6.5. No person who discharges pyrotechnics shall fail to: 6.5.1. comply with all conditions set out in the Pyrotechnic Special Event Approval; 6.5.2. take all steps reasonably necessary, as would a reasonable and prudent person, to ensure no harm to persons or property; 6.5.3. conform to the provisions of the Explosives Act and the Special Effects Pyrotechnics Manual that apply to the discharge of pyrotechnics authorized in the Pyrotechnic Special Event Approval; 6.5.4. ensure that adequate fire prevention measures and equipment, conforming to the requirements of the Special Effects Pyrotechnics Manual, are available at the discharge location; 6.5.5. ensure that persons present at the discharge of pyrotechnics are kept at a safe distance from the location of the discharge of pyrotechnics as outlined in the Special Effects Pyrotechnics Manual; 6.5.6. produce the Pyrotechnic Special Event Approval on demand by any person authorized to enforce this By-law; and 6.5.7. Immediately after the pyrotechnics have been discharged, inspect the site and: 6.5.7.1. remove all unused or partly used pyrotechnics and debris from the site; 6.5.7.2. return the site to its pre-event condition. Page 367 of 474 6.5.8. Every Pyrotechnic Special Event Approval shall include and be subject to the following conditions: 6.5.8.1. The Pyrotechnic Special Event Approval holder shall only discharge the pyrotechnics at the date, time, location and discharge site shown of the pyrotechnic Special Event Approval form; 6.5.8.2. No Person, except a pyrotechnician, shall discharge pyrotechnics; 6.5.8.3. The pyrotechnician who is named on the Pyrotechnic Special Event Approval form shall be present in person at the site specified in the Pyrotechnic Special Event Approval at all times during which the pyrotechnics are being set up, discharged and cleaned up; and 6.5.8.4. The Pyrotechnic Special Event Approval form shall conform to the provisions of the Explosives Act and the Special Effects Pyrotechnics Manual that apply to the discharge of pyrotechnics authorized in the permit and all other applicable laws. 7. Enforcement and Inspections 7.1. The enforcement rights of law enforcement officers under this By-law are in addition to, and do not limit any enforcement rights under any other legislation, including, without limitation, any rights of inspection, seizure rights or rights to issue orders of compliance or close and prevent entry to land or premises under the Fire Protection and Prevention Act, 1997. 7.2. This By-law shall be enforced by any Municipal Law Enforcement Officer. 7.3.7.2. Any Municipal Law Enforcement Officer shall determine what shall constitute a health, fire or safety hazard. 7.4.7.3. Any Municipal Law Enforcement Officer, the Chief Fire Official or designate, or of the Licensing Officer may revoke a License issued pursuant to this By-Law at any time. Terms and conditions of the Town of Tillsonburg Licensing By-Law as amended shall apply to Licenses issued under this By-Law. 7.4. In the case of a health, fire or safety hazard, any Municipal Law Enforcement Officer may compel that said hazard be removed forthwith without notice. 7.5. Subject to compliance with section 436 of the Municipal Act, 2001, a municipal law enforcement officer may enter on a property at any reasonable time for the purpose of carrying out an inspection to determine whether or not this By-law, including a condition of a Permit issued under this By-law, or that an order or direction of the Town of Tillsonburg or a law enforcement officer issued in accordance with this By-law is being complied with. 7.6. For the purposes of any inspection, a municipal law enforcement officer may: 7.6.1. require the production for inspection of documents or things relevant to the inspection; 7.6.2. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; 7.6.3. require information from any person concerning a matter related to the inspection; and 7.6.4. alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 7.7. No person shall fail or refuse to comply with a request from a Municipal Law Enforcement Officer to produce for inspection any documents or thing or information relevant to the inspection carried out by the Municipal Law Enforcement Officer in accordance with this By-law. 7.8. A Municipal Law Enforcement Officer may, where the Municipal Law Enforcement Officer has been prevented or is likely to be prevented from exercising his or her powers under this By-law, undertake an inspection pursuant to an order issued under section 438 of the Municipal Act, 2001. Page 368 of 474 8. Penalty Every Person who contravenes this By-Law is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act, R.S.O. 1990, as amended. 9. Severability In the event that any of the provisions of this By-Law are deemed ultra vires to be beyond the scope of this by-law by any Court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. This By-law cannot override any other applicable municipal by-laws or and Provincial or Federal legislation. 10. Fee The Fee shall be in accordance with the current Rates and Fees By-Law for the Town of Tillsonbnurg. 11.10. Repeal Former By-law No. 3510 12.11. Effective Date This By-Law shall come into force and take effect immediately upon the final passing thereof. READ A FIRST AND SECOND TIME THIS 23rd day of April, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 23rd day of April, 2019. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 369 of 474 Report Title Natural Resources Canada – Electric Vehicle and Alternative Fuel Infrastructure Deployment Initiative Report No. OPS 19-10 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date April 23, 2019 Attachments OPS 18-14 Electric Vehicle Charging Stations Project Application Page 1 / 4 RECOMMENDATION THAT Council receive Report OPS 19-10 Natural Resource Canada – Electric Vehicles and Alternative Fuel Infrastructure Deployment Initiative; AND THAT Council supports the submission of an application to Natural Resources Canada for the installation of a Level 3 Electric Vehicle Charging Station in Municipal Parking Lot 7A; AND THAT Council commits to provide funding for its share of the project in the 2020 municipal budget; AND THAT the Chief Administrative Officer be authorized to execute the attestation statement within the formal application AND FURTHER THAT Council approves the relocation of the Level 2 Electric Vehicle Charing Station to Municipal Parking Lot 3B. BACKGROUND In early May 2018 County Council approved an Electrical Vehicle Charger Feasibility Study prepared by the Canadian Urban Transit and Innovation Consortium (CUTRIC) that reviewed existing and projected electric vehicle traffic within and through Oxford County. This study provides a guide for future installation of electric vehicle charging stations and highlighted eight (8) locations within Oxford County where Level 3 chargers should be installed including Municipal Parking Lot 7A (east of the Town Centre Mall) As mentioned in attached Report OPS 18-14 the Downtown Parking and Accessibility Study was also approved by Town Council in early May 2018 and identified locations for electric vehicle charging stations that are spatially distributed throughout the Downtown. The Study recommended that the first two electric vehicle charging stations be located in Municipal Parking Lot 7A and 3B. These two parking lots are large in terms of capacity, reducing the relative impact on parking operations and are located on opposite sides and ends of the Downtown. Further to Report OPS 18-14 the installation of the Level 2 Electric Vehicle Charging Station at the Tillsonburg Community Centre is currently underway and will be completed by the end of April, however it has been discovered that there is insufficient capacity within the existing hydro transformer to facilitate the installation of the Level 2 Electric Vehicle Charging Station in Municipal Parking Lot 7A without additional hydro infrastructure upgrades. Page 370 of 474 Page 2 / 4 SUMMARY In late February 2019 Natural Resources Canada released Phase 2 of the Electric Vehicles and Alternative Fuel Infrastructure Deployment Initiative to accelerate the electrification of transportation by increasing the number of electric vehicle charging opportunities across the Country. Phase 2 investment of approximately $80M has a goal of installing 900 electric vehicle fast-chargers, 15 natural gas stations and 12 hydrogen fuel cell stations. Application submissions must be submitted before May 16, 2019 and satisfy the following mandatory criteria: be new or increasing current capacity be open to the Public be located on lands owned by the applicant demonstrate engagement with the energy supplier resolution from the governing council that funds are available for the project The selection of projects and notification to applicants is anticipated in July 2019 with finalization of Contribution Agreements in Fall 2019. If successful Level 3 chargers must be completed within 18 months after receiving approval and would be planned, procured and installed in 2020. CONSULTATION/COMMUNICATION The County would like to partner with the Town in proposing Tillsonburg Municipal Parking Lot 7A for Natural Resources Canada funding. Town and County staff have reviewed the program guidelines and have worked together to prepare the application, however the owner of the lands must be the lead on the project application. FINANCIAL IMPACT/FUNDING SOURCE Under the Natural Resource Canada – Electric Vehicles and Alternative Fuel Infrastructure Deployment Initiative the electric vehicle infrastructure component of the program will contribute up to 50% of eligible project expenditures, up to a maximum of $50,000 per Level 3 charger. The estimated cost to install a Level 3 Electric Vehicle Charging Station in Municipal Parking Lot 7A is summarized in Table 1 and the associated funding model is summarized in Table 2. Table 1: Estimated Project Cost Item Estimated Cost Level 3 Electric Vehicle Charger $52,500 Electrical Service and Charger Installation $43,740 Contingency (10%) $9,500 Subtotal $105,725 Non-Refundable HST (1.76%) $1,860 Total $107,600 Page 371 of 474 Page 3 / 4 Table 2: Proposed Funding Model The incremental cost of $1,400 in installation costs to relocate the un-installed Level 2 Electric Vehicle Charging Station from Municipal Parking Lot 7A ($6,400) to Municipal Parking Lot 3B ($7,800) as identified in Report OPS 18-14 can be accommodated within the Public Works operating budget. COMMUNITY STRATEGIC PLAN (CSP) The installation of Elective Vehicle charging stations supports Objective 1 – Excellence in Local Government and Objective 4 – Culture & Community through the promotion of environmentally sustainable living. Item Estimated Cost 50% Natural Resources Canada Funding $50,000 25% Oxford County $28,800 25% Town of Tillsonburg $28,800 Total $107,600 Page 372 of 474 Page 4 / 4 Report Approval Details Document Title: OPS 19-10 Natural Resources Canada Electric Vehicle RFP.docx Attachments: - OPS 19-10 Attachment 1 - OPS 18-14 Electric Vehicle Charging Stations.pdf - OPS 19-10 Attachment 2 - Project Application.docx Final Approval Date: Apr 17, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Apr 17, 2019 - 8:21 AM David Calder - Apr 17, 2019 - 1:47 PM Donna Wilson - Apr 17, 2019 - 1:52 PM Page 373 of 474 Report Title Electric Vehicle Charging Stations Report No. OPS 18-14 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date May 28, 2018 Attachments Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 18-14 Electric Vehicle Charging Stations; AND THAT Council authorize staff to proceed with the installation of an Electric Vehicle Charging Station in Municipal Parking Lot 7A and the Tillsonburg Community Centre. AND THAT Council authorize the costs associated with these Electric Vehicle Charging Station installations be incorporated into the LED Streetlight Conversion Project budget. BACKGROUND One of the value added items from the LED streetlight conversion contractor included the supply of two Electric Vehicle (EV) charging stations for the Town to install in locations of their choosing. At the May 14th 2018 Council meeting, through report DCS 18-21, the Downtown Parking and Accessibility study findings and recommendations were presented where a number of items were suggested for implementation including EV charging stations in the downtown core. SUMMARY Through the parking demand surveys completed as part of the Downtown Parking and Accessibility study some off-street municipal parking lots were identified to operate near or at capacity and are considered prime locations for EV charging stations. In an attempt to spatially distribute the EV charging stations throughout the Downtown parking system the study recommended that the first two EV charging stations be located in Municipal Parking Lots 7A and 3B. These two parking lots are the largest in terms of capacity reducing the relative impact on parking operations and are located on opposite sides and ends of the Downtown. The study further suggested that Municipal Parking Lot 4A and Broadway on-street parking immediately adjacent to the Town Centre Mall as also potential candidates. These locations support the spatial distribution of EV charging stations within the Downtown while also being located in areas that experience high parking demand. In addition to the four EV charging station locations suggested by the Downtown Parking and Accessibility study staff have also considered placing EV charging stations at the Tillsonburg Community Centre and at the Customer Service Centre. Both locations also experience high parking demand and would provide high community exposure. Page 374 of 474 Page 2 / 3 CONSULTATION/COMMUNICATION Once EV charging station locations have been selected, staff will finalize public communication message on the Towns website and in the local newspaper. FINANCIAL IMPACT/FUNDING SOURCE The estimated cost to install the EV charging stations at the various locations is summarized below. Staff are requesting that the installation costs associated with recommended Municipal Parking Lot 7A and Tillsonburg Community Centre locations be incorporated into the overall $1.5 Million LED Streetlight Conversion project budget for 2018. COMMUNITY STRATEGIC PLAN (CSP) The installation of Elective Vehicle charging stations supports Objective 1 – Excellence in Local Government and Objective 4 – Culture & Community through the promotion of environmentally sustainable living. Location Estimated Cost Municipal Parking Lot 7A $6,400 Municipal Parking Lot 3B $7,800 Municipal Parking Lot 4A $6,400 On-Street adjacent to Town Centre Mall $27,700 Tillsonburg Community Centre $6,400 Customer Service Centre $9,600 Page 375 of 474 Page 3 / 3 Page 376 of 474 Electric Vehicle and Alternative Fuel Infrastructure Deployment Initiative Project Proposal CONFIDENTIAL WHEN COMPLETED Office of Energy Efficiency February 2019 Ce document est aussi disponible en français. Veuillez envoyer un courriel à nrcan.TAF-TCR.rncan@canada.ca en indiquant à la ligne Objet « Guide du demandeur ». Page 377 of 474 Page 378 of 474 1 Notes 1. Natural Resources Canada (NRCan) strongly recommends that Applicants familiarize themselves with the Applicant’s Guide before completing this Application Form. 2. Unless otherwise specified, the “proposed Project”, the “application”, or the “proposal” in this template refers to the proposed Project submitted in response to the request from NRCan for a Project Proposal to the Electric Vehicle and Alternative Fuel Infrastructure Deployment Initiative (the “Program”). 3. Completion and submission of this Project Proposal to NRCan does not imply that the proposed Project will be approved for funding by the Program. 4. Applicants, their partners and collaborators must submit all information required under this request. Incomplete proposals will be rejected. 5. The completed Project Proposal must be submitted by e-mail, courier or registered mail by 23:59 Eastern Standard Time, May 16, 2019. Please refer to section 3 of the Applicants’ Guide for the submission procedure. Submissions sent after that time will not be accepted. It is the Applicant’s responsibility to retain proof of the time the complete proposal package was sent to NRCan. This may be required in the event that NRCan does not receive the complete proposal package by the deadline for reasons that are beyond the control of the sender. Page 379 of 474 2 2 Project Summary 2.1 Project Title: Tillsonburg Municipal Parking Lot 7A - 1 unit 2.2 Project Details: Supply and install one (1) direct current fast charger (DCFC) rated for a minimum of 50 kW of power to be located at Municipal Parking Lot 7A located on Harvey Street, across from the Tillsonburg Town Centre Mall, in Tillsonburg, Ontario. 2.3 Project Anticipated Start Date: May 4, 2020 1 General Information: Please note that the Applicant’s name, Project Partners’ names, Project Title, non-confidential overview, and amount awarded will be public information if the proposal is selected for funding by the Electric Vehicle and Alternative Fuel Infrastructure Deployment Initiative. Legal Entity: The Corporation of the Town of Tillsonburg Contact Name: Kevin De Leebeeck, P.Eng. Contact Title: Director of Operations Organization Address: Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Email Address: kdeleebeeck@tillsonburg.ca Telephone Number: 519-688-3009 ext. 2232 Organization size: 130 Please provide a copy of the articles of incorporation or registered to confirm that the organization is validly incorporated or registered. Page 380 of 474 3 2.4 Project Description: Supply and install one (1) direct current fast charger (DCFC) rated for a minimum of 50 kW of power to be located at Municipal Parking Lot 7A located on Harvey Street, across from the Tillsonburg Town Centre Mall, in Tillsonburg, Ontario. 2.5 Federal Environmental Assessment: Is this Project a designated Project under the Canadian Environmental Assessment Act 2012? See Applicants’ Guide section 6.4.8 for more details. Yes No If you answered “yes”, please describe the activities undertaken to complete the environmental assessment, the remaining steps required and the anticipated completion date. Please also consider activities relevant to a Federal Environmental Assessment in the Project Risk and Mitigation section of this proposal. 2.6 Outstanding Legal Actions: Please list and describe any legal action currently underway against the Applicant, parent companies or any partner, including any potential related financial loss. N/A 2.7 Consultation with First Nations Required: Project does not occur on or near First Nation territories. 2.8 Is the Applicant or any of its collaborators registered under Innovation, Science and Economic Development’s Indigenous Business Directory? No Page 381 of 474 4 3 Project Details IMPORTANT: In order for your application to be considered complete, documentation must be included to support all assertions. A checklist for reference is included at the end of this application on the attestation page. 3.1 Eligible technology: Number of charging stations or pumps: One (1) Electric Vehicle Fast-Charger (Any electric vehicle fast charger commercially available and certified for use in Canada. The charger must be a direct current fast charger (DCFC) rated for a minimum of 50 kW of power output with at least one (1) charge connector that is CHAdeMO compliant and one (1) charge connector that is SAECombo (CCS) compliant. The charger’s power source must be capable of supplying at least 50 kW of power) Page 382 of 474 5 3.2 Name of the manufacturer and description of the technology: Flo SmartDC-V2 - DCFC 3.3 Permanent installation: Yes Comments: charging station will be permanent. 3.4 Is the Project new or increasing current capacity: Yes By selecting yes, you are confirming that the Project will augment the number of available infrastructure or increase the capacity of existing infrastructure. Comments: This project will introduce the first Municipally owned Electric Vehicle Fast-Charging station in the Downtown Core. 3.5 Open to the public: Yes By selecting yes, you are confirming that the Project will be publicly accessible, available for use year-round without any access restrictions (e.g. in a paid parking area with limited business hours, behind a fenced area). Please provide details: The proposed location is at a fully accessible public municipal parking lot. 3.6 Networking: (for electric vehicle fast-chargers only) Yes By selecting yes, you are confirming that the fast-charger will be networked. Please provide details on the network: Flo offers a large network of EV charging stations, including, the ability to determine if the station is available, type of charger, type of charge connector, rate structure, and if in service. 3.7 Payment options free of any network membership requirement: Flo offers an option to pay by credit card without being a member and adds a flat fee of $0.50 per session. Page 383 of 474 6 3.8 Project completion: Provide the Project’s timelines in Section 4 Yes By selecting yes, you are confirming that the electric vehicle fast- charger will be completed in eighteen (18) months after the receipt of the Letter of Conditional Approval. 3.9 Secured funding: Provide the Project’s budget in Section 8 Yes By selecting yes, you are confirming that you have secured at least 50% of your share of the Project costs. 3.10 Engagement with electric or fuel supplier: Please describe what arrangements have been made to secure access to the electrical supply, or secure access to natural gas or hydrogen. If an agreement has been reached, please include it with the application. Otherwise, please indicate the stage of the negotiations. The Local Distribution Company (LDC) has been engaged regarding this project and have provided a letter of support for this project. 3.11 Project site access: We own the land where the Project will be built We have obtained access to the site for at least 10 years We have the capacity to obtain access to the site for at least 10 years Please describe the site and provide details on the terms and conditions under which you have or will have access to the site for at least 10 years. If you are still negotiating the access to the site, provide details and an estimated date where an arrangement will be concluded. The site is owned by the lead applicant and has full access to the site for the next 10 years. 3.12 Interoperability and Open Communications Protocols (for electric vehicle fast- chargers only): Please describe how the equipment and its network allow for members of one network to use their membership on another network or what your plans are in this regard. What are your intentions regarding the use of open source protocols? Once a member of Flo network, users can charge at other stations affiliated with Electric Circuit, eCharge Network, or ChangePoint. Page 384 of 474 7 3.13 Future Expansions: Please provide details as to any rough-in work to prepare the site for future expansion plan, or any steps taken to facility future upgrades to newer technologies. There are no current plans for future expansion at this location. 3.14 Operation and Maintenance Plan: Who will be the operator of the infrastructure and how will it be operated? The Town of Tillsonburg will be the operator of the infrastructure. The station will be accessible 24/7 complete with customer service via Flo. Who will maintain the infrastructure and how will it be maintained? Flo will be responsible for maintaining equipment and detecting any problems that arise remotely. Town staff will be able to monitor the site in-person and confirm any issues (e.g. non-EV parked in designated parking spot). Please provide details on your operation and maintenance plan. Flo provides annual maintenance and administration programs for all EV charging stations. The Town will purchase into these programs up front for a duration of 10 years. Therefore, Flo will be responsible for maintaining the equipment. In addition, snow clearing is already administered by the Town at this site and will allow for continuous access to the station. All maintenance issues will be dealt with in an orderly fashion and be completed within 14 days of an incident. Any issues experienced by users of the EV station will be able to contact a support line 24/7 that is administered by Flo. 3.15 Visibility: Please provide information on the signage program for the site and for the road leading to the site where the infrastructure will be built. The Town will post signs along Broadway, Bridge Street East and Ridout Street East to direct potential users to the EV station. 3.16 Co-location: Will the Project be co-located with existing infrastructure? If so, please describe the existing installation. This project will not be co-located. There is currently no existing infrastructure at this location and this proposal is for one (1) EV charging station only. Page 385 of 474 8 4 Project timelines and milestones Please provide and describe an outline of all major steps or milestones required to complete the Project, and the proposed timelines. A chart demonstrating the Project milestones must be submitted in addition to this form. Activities Principal Milestones Initiation Date Completion Date Notes Task 1 – Permit acquisition January 2020 April 2020 Task 2 – Engineering and design January 2020 April 2020 Task 3 – Equipment procurement April 2020 May 2020 Task 4 – Construction May 2020 September 2020 Task 5 – Inspection and commissioning September 2020 October 2020 Task 6 – Public opening and start of sales activities October 2020 October 2020 4.1 Permitting Please name and describe all permits that will be required to complete and operate the Project, the level of government requiring the permit, the current status and if not completed, the date that the Applicant expects to receive the permit. Permit Description Government Status Expected Date to Receive ESA – Certificate of Inspection ESA will provide an inspection upon completion of work. Provincial Not Started 2020-07-31 Encroachment Permit To regulate and control works on public lands Town of Tillsonburg Not Started 2020-05-01 Page 386 of 474 9 5 Project Team Members Please list here all key members of the Project team and describe the individual’s contribution to the proposed Project and their experience and expertise. Refer to similar Projects in which each person has been involved. Please identify the Project Manager and provide sufficient information on all key team members for reviewers to be able to assess whether the team provides the necessary management, engineering, technical capacity, combined with the appropriate mix of expertise, to do the proposed work. Include the Project Manager’s Curriculum Vitae to the application to substantiate the information provided below. Project Manager: Jason Ropp Organization: ERTH (Holdings) Inc. Role in Project Project Manager Expertise and Experience: Jason is a certified Master Electrician that has installed several Level 2 and Level 3 EV charging stations (including all civil work required) throughout Oxford County and surrounding area Team Member 1: Kevin De Leebeeck, P.Eng. Organization: Town of Tillsonburg Role in Project Project Lead Expertise and Experience: Fifteen years of experience providing leadership, management, and technical expertise for a wide variety of assignments. Kevin has demonstrated strength in management methods and concepts and consulting with the public, elected officials, consultants, and contractors. He is consistently recognized for sound engineering judgment and knowledge of design codes, guidelines and standards as well as Federal and Provincial Regulation and has a proven track record to manage multiple projects and staff by promoting a positive team attitude to motivate team members to achieve potential and meet project objectives. Team Member 2: Melissa Abercrombie, P.Eng. Organization: County of Oxford Role in Project Project Advisor Expertise and Experience: Melissa holds a degree in Civil Engineering and is Mangers of Engineering Services at the County of Oxford. Since 2016, Melissa has installed 2 – Level 3 and 19- Level 2 Electric Vehicle Chargers for the County using various funding programs in Ontario. Page 387 of 474 10 Page 388 of 474 11 6 Partners and Collaborators Please list here all partners and collaborators, and explain the nature of each organization’s role in, and contribution to the Project. Why are these other stakeholders and collaborators involved, what values do they bring to the Project. The legal owner and the operator of the Project must be identified. Collaborators owning a fleet of alternative fuelled vehicles having signed a letter of support for the Project should be included here. Please ensure the quantity of vehicles currently owned and the fuel type used is clearly indicated. The letter of support should also be added to the application when submitted. If applicable, Original Equipment Manufacturers who pledge to make alternative fuel vehicles available for sale would be added in this section, with an official correspondence added to the application. Partner 1 Name: Town of Tillsonburg Owner of project and financial contributor. Partner 2 Name: County of Oxford Financial contributor to the project and assistance with application submission. Page 389 of 474 12 Contributions ($K)Cash In-kind TOTAL Firm or Conditional Funding evidence provided Private Sector Contributions Proponent - <Other Private Sector 1>- <Other Private Sector 2>- Total Private Sector Contributions - - - Government Contributions NRCan 50,000.0 50,000.0 N/A Public Sector Proponent - Town of Tillsonburg 25,000.0 28,800.0 Firm County of Oxford 25,000.0 28,800.0 FirmTotal Government Contributions 100,000.0 - 107,600.0 Total Contributions 100,000.0 - 107,600.0 Committed Funding - Leverage (compared to total Contributions) 7 Detailed Funding Summary (Double-click below to open the embedded excel for data entry) Evidence of secured co-funding must be provided with the proposal submission. Include firm letters of commitment, letters of support, signed loan documents, or financial statements for the Applicant showing funding availability. Proposals with less than 50% of non-NRCan firm financing will not be considered. For each source of funds, the Applicant should send supporting documentation. Firm funding proofs should be either a bank statement, or a signed funding agreement. For conditional financing, this could be a document describing the source of funds, or an unsigned agreement. Electric vehicle fast-charger Projects located in British Columbia: Electric vehicle fast- charger Projects located in British Columbia and selected for funding under NRCan’s Electric Vehicle and Alternative Fuel Infrastructure Deployment Initiative could also be eligible for non- repayable provincial funding. The BC Clean Energy Vehicle Public Fast-Charging Program could fund up to 25% of the Total Project Costs up to a maximum of $25,000 per electric vehicle fast-charger, pending available provincial funds. Funding is merit based and limited to the funding envelope made available by the Province. For fast-chargers in BC, please include the provincial funding in the budget tables (section 7 and 8) of your Proposal if you would like to be considered for a provincial contribution. Proposals must reflect all government contributions. You must reflect all funding including all governments contributions in the following table: Page 390 of 474 13 8 Budget The following section details the Project’s budget and funding sources. Please ensure that the “Total Project Costs” are the same in each table, including the “Detailed Funding Summary” in Section 7. 8.1 Detailed Cost Breakdown: Provide an overall budget describing the costs per the federal government’s fiscal year (April 1 - March 31). Phases and tasks should be linked to those phases and tasks listed in Section 4 – Project timelines and Milestones. Approved Budget ($)2019-2020 2020-2021 TOTAL ($) The Program (NRCan Contribution) ELIGIBLE EXPENDITURES Salaries and benefits -$ -$ $0 Professional services $0 Reasonable travel costs, inluding transportation, meals and accomodation, at rates comparable to the Treasury Board travel guidelines -$ -$ $0 Capital expenses, including informatics and other equipment or infrastructure $105,725 $105,725 Rental fees or leasing costs $$$0 License fees and permits $$$0 Costs associated with Environmental Assessment $ GST, PST and HST net of any tax rebate to which the recipient is entitled $1,860$ $1,860 Overhead expenses directly related to the Project will be considered to a maximum of 15% of Eligible Expenditures -$ -$ $0 $0 $107,585 Total Eligible Expenditures $107,585 INELIGIBLE COSTS INELIGIBLE EXPENDITURES Total Ineligible Expenditures $0 IN-KIND COSTS Total In-Kind Costs Total Ineligible Costs TOTAL PROJECT COSTS $107,585 Page 391 of 474 14 Source of Contributions:Percentage (%)Cash ($)In-Kind ($)Total ($) The Program 46%50,000 N/A The Proponent 27%28,800 Other Contributors 27%28,800 TOTAL 100%$107,600 $0 $107,600 *Total Project Costs should match those from the detailed funding breakdown (Section 7) **Costs incurred after conditional approval and prior to signing of a Contribution Agreement can be included in Total Project Costs, however they will not be considered Eligible Expenses. Page 392 of 474 15 9 Project Risk and Risk Mitigation Strategy Please provide a review of the Project risks in terms of technical risk, business risk and other risks (environmental review, permitting etc). The Project will be evaluated based on how well the risks have been identified and on the risk mitigation strategy. It is understood that these Projects carry inherent risk due to a lack of significant quantities of vehicles on the road, which is why government funding is required as part of a risk mitigation strategy. What is needed is for the Applicant to demonstrate that they understand the risks at various stages of Project development and that there is a well thought out plan to execute the Project in such a manner that risk is mitigated to a reasonable degree. Risk Name and Description Impact Mitigation Measures Stage Gate (Y/N) Completion Date Type of Risk: 1 Technical Estimate Likelihood:2 Low <Risk Name and Description> Hydro Transformer Upgrade Provide advance notice (i.e. at time of successful Project Notification) and timely coordination with local LDC. Y June 2020 Type of Risk: Choose an item. Estimate Likelihood: Choose an item. <Risk Name and Description> <Enter impact> <Enter mitigation measures> Y/N Date Type of Risk: Choose an item. Estimate Likelihood: Choose an item. <Risk Name and Description> <Enter impact> <Enter mitigation measures> Y/N Date Type of Risk: Choose an item. Estimate Likelihood: Choose an item. <Risk Name and Description> <Enter impact> <Enter mitigation measures> Y/N Date <add rows as necessary> 1 Financial – e.g. Project funding issues; Market – e.g. market environment, product entry; Technical – e.g. equipment failure, construction delays; Regulatory – e.g. environmental approvals, permitting issues. 2 Likelihood definitions: Low -unlikely to occur <5%; Medium – moderately likely to occur ~25%; High – very likely to occur > 50%. Page 393 of 474 16 10 Economic Impact 10.1 Direct Impacts Describe the pricing model, the operation and maintenance costs and describe how the Project will generate profits. What is the economic potential of the Project? The Town of Tillsonburg is proposing an initial charging rate of $15/hr prorated. This amount is based on information from Level 3 chargers owned by nearby area municipalities of Woodstock and Ingersoll. At this proposed rate, the Town believes it will be in a cost neutral position and will allow the Town to continue to promote EV vehicles. 10.2 Indirect Impacts Describe the indirect economic impacts, such as training of highly qualified personnel (HQP), job creation, tourism or any other indicator that demonstrate the indirect economic impacts of your Project. The location of the proposed EV fast-charger will likely provide economic spin-offs for local business located within the Town Centre Mall and provide opportunity for visitors to tour the nearby Annandale National Historic site. Performance Indicator Target Value Achieved by date Funding leverage (Contributions in addition to NRCan funding) $28,800 April 24, 2019 Economic potential (at end of Project) ($) Economic potential (One year post Project completion) ($) Economic potential (Five years post Project completion) ($) Economic potential (Ten years post Project completion) ($) Total person-years of employment created Months of training trades HQP Months of training professional HQP Annual operating and maintenance costs ($) $975 Months of construction employment 5 May - Sept 2020 Months of operations and maintenance employment 120 Page 394 of 474 17 Applicant’s Attestations By submitting this proposal, the Project Applicant attests that: It is acting on behalf of all partners and collaborators and has received written permission from them to do so. All funding (cash and in-kind) identified by the Applicant and its partners and collaborators in the proposal is expected to be available for commitment at the time of the signing of the Contribution Agreement by duly authorized representatives of the Project Applicant and its partners and collaborators. Any proprietary or confidential information provided as part of the submission, by any party, is provided with the approval of that party. Federal reviewers are bound by the requirements of the Access to Information Act and the Privacy Act regarding the treatment of confidential information. It understands and acknowledges that should the Project be accepted for co-funding from the Program no liability and no commitment or obligation exists on the part of NRCan to make a financial contribution to the Project until a written Contribution Agreement is signed by both parties, and, furthermore, that any costs or expenses incurred or paid by the Applicant prior to the execution of a written Contribution Agreement by both parties are the sole responsibility of the Applicant, and no liability exists on the part of NRCan. It understands and acknowledges that NRCan officials will not entertain any request by Project proponents to review or revisit NRCan's Project approval decisions. It understands and acknowledges that NRCan reserves the right to alter or cancel the currently envisaged process at its sole discretion. It understands and acknowledges that no Member of the House of Commons shall be admitted to any share or part of the Contribution Agreements, or any resulting benefit. The individual signing below attests that he/she has the authority to sign a legally binding Contribution Agreement between NRCan and the Project proponent. Please sign below to confirm these attestations: Signature: _______________________________ Name of Duly Authorized Officer: ________________________________ Title: ________________________________ Date: ___________________ Page 395 of 474 18 Supporting Documentation Checklist In addition to the completed proposal, Applicants must ensure that the following supporting documents are included with their submission: o Proof of access to site; o Proof of incorporation/registration; o Project manager curriculum vitae; o Proof of secured electric/fuel supply from a local utility; and o Proof of 50% firm funding of the Proponent’s share of Total Project Cost; Page 396 of 474 Report Title Rowing Club Storage Access Report No. RCP 19-14 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date April 23, 2019 Attachments Page 1 / 3 Rowing Club Storage Access RECOMMENDATION THAT Council receives Report RCP 19-14 Rowing Club Storage Access; AND THAT Council authorizes staff to work with the Rowing Club to provide them access to the boat storage area for the 2019 season; AND THAT the cost of the Designated Substances Survey and any work required to establish and temporarily maintain safe access to the boat storage be funded from reserves, up to a maximum of $10,000. EXECUTIVE SUMMARY During budget deliberations, Council decided that no repairs would be done to the Summer Place/Rowing Club facility, and that the funds in the draft budget for that purpose were to be used for demolition and restoration of the site, pending consultation with advisory committees and other stakeholders about the future of the facility. While that consultation is taking place, the Rowing Club would like to continue with their 2019 summer program, so they will need to be able to access the boat storage area of the building. This report requests that Council authorize a portion of the funds designated for demolition costs to pay for work to seal off the portion of the building that contains mold so that the Rowing Club can safely access the boat storage. BACKGROUND Rowing has been part of the activities on and around Lake Lisgar for many, many years. The Tillsonburg Rowing Club has been part of that activity and wants to continue to use the Lake for their sport. Their 2019 Season starts in April and the Club needs access to their equipment and the lakeside storage provided in the Summer Place/Rowing Club. Council’s decision not to proceed with repairs to the existing building has placed the Club’s existence in jeopardy. As presented in their delegation to Council on March 11, without access to the lakeside storage, neither their adult nor youth program is feasible. It is possible to achieve a temporary solution in a relatively low-cost manner by sealing off the boathouse from the rest of the building and ensuring that any mold spores in the boathouse have been cleaned up. The mold study has identified that the mold is not growing in the actual boathouse portion of the building, but airborne spores were present there so some abatement Page 397 of 474 Page 2 / 3 Rowing Club Storage Access will be required. Rowing Club members will be able to continue to run their program until a permanent solution is arrived at. If the Town is not prepared to make this temporary fix, the Club has requested that the Town provide alternative lakeside storage and retrieve the Club’s equipment from the building. The most practical approach to this issue is to make it possible for the Club to continue to use the boathouse portion of the building. FINANCIAL IMPACT/FUNDING SOURCE The 2019 budget includes $60,400 for demolition of the site. This amount was based on an estimated demolition cost for the building of between $31,200 and $60,400. This report recommends using a portion of the funds to allow the Rowing Club to continue to function. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 398 of 474 Page 3 / 3 Rowing Club Storage Access Report Approval Details Document Title: RCP 19-14 - Rowing Club storage access.docx Attachments: Final Approval Date: Apr 15, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Apr 15, 2019 - 8:28 AM David Calder - Apr 15, 2019 - 8:45 AM Donna Wilson - Apr 15, 2019 - 9:16 AM Page 399 of 474 DATE: April 18, 2019 TO: Council Members From: Mel Getty, Chair, Memorial Park Revitalization Advisory Committee RE: Committee Resolution regarding Summer Place/Rowing Club building Members of Council: At the scheduled meeting of the Memorial Park Revitalization Advisory Committee on April 17, 2019, the following resolution was passed: Moved by Ken Patterson Seconded by Mike Cerna THAT the Memorial Park Revitalization Committee recommend to council that a temporary storage unit(s) be put up near lake Lisgar for the Rowing Club to use to continue rowing for 2019 season; AND THAT the cost of the temporary storage be borne by the Town with the usual rent contribution from the Rowing Club; and THAT the demolition of Summer Place and boat house proceed immediately to make room for new structure which will include space for the Rowing Club. Carried Respectfully submitted: Mel Getty, Chair Memorial Park Advisory Committee Page 400 of 474 Report Title January – March 2019 RCP Activity Reports Report No. RCP 19-18 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date April 23, 2019 Attachments Jan-Mar 2019 Activity – Rec Programs and Services Jan-Mar 2019 Activity – Culture & Heritage Jan-Mar 2019 Activity – Parks and Facilities Jan-Mar 2019 Activity – RCP Administration Page 1 / 3 January – March 2019 RCP Activity Reports RECOMMENDATION THAT Council receives Report RCP 19-18 – January-March 2019 RCP Departmental Activity Reports for information. EXECUTIVE SUMMARY Attached are activity reports from the Recreation Programs & Services Division, the Culture & Heritage Division, the Parks & Facilities Division, and the RCP Administration team for the first quarter of 2019. These updates are normally provided quarterly for Council’s information. BACKGROUND Council asked for reporting on the tourism service figures from the Tillsonburg District Craft Guild as per the following criteria: The Craft Guild supplied the following data: The quarterly total for Q1 2018 was 4973 visitors including 54 tourism inquiries. Jan Feb Mar Q1 Apr May Jun Q2 Jul Aug Sep Q3 Oct Nov Dec Q4 Total 595 597 984 2176 0 0 0 2176 131 108 121 360 0 0 0 360 0 62 56 118 0 0 0 118 47 61 205 313 0 0 0 313 111 174 127 412 0 0 0 412 150 172 174 496 0 0 0 496 50 20 20 90 0 0 0 90 1084 1194 1687 3965 0 0 0 0 0 0 0 0 0 0 0 0 3965 12 24 28 64 0 0 0 64 QUARTERLY TOTAL Visitor/tourism inquiries NOTE: This number is included in the "Visitors & Staff" total shown above Adult classes Children's classes Room Rentals Electronics Recycling Events 2019 Visitors and Staff In-house groups Page 401 of 474 Page 2 / 3 January – March 2019 RCP Activity Reports FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 402 of 474 Page 3 / 3 January – March 2019 RCP Activity Reports Report Approval Details Document Title: RCP 19-18 - January - March 2019 RCP Activity Reports.docx Attachments: - RCP 19-18 - ATT 01 - Jan-Mar 2019 Activity - Rec Programs and Services.docx - RCP 19-18 - ATT 02 - Jan-Mar 2019 Activity - Culture and Heritage.docx - RCP 19-18 - ATT 03 - Jan-Mar 2019 Activity - Parks and Facilities.docx Final Approval Date: Apr 15, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Apr 15, 2019 - 8:35 AM Page 403 of 474 Report Title January - March 2019 Activity Report: Recreation Programs & Services Report No. RCP 19-07 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date , 2019 Attachments Page 1 / 5 9462347838,,,RCP 19-18 - ATT 01 - Jan-Mar 2019 Activity - Rec Programs and Services BUSINESS SERVICES TEAM The Business Services Team is responsible for: • administration; • customer service & reception; • advertising, merchandise & vending sales; • marketing; • program registration; and • facilities bookings & rentals Administration Legend Recreation Management Solutions continues to be the main focus of the Business Services Team. The first year of this software saw staff are progressing with work arounds and gaining new knowledge. Additional training and testing continues for specific concerns. The part-time customer service representative responsibilities and expectations in this role have expanded and developed into more than simply answering the phone and greeting customers. To ensure better experience for internal and external customers, posting requisition has been submitted for an Adult Part Time Customer Service Representative. F.A.R.E. Fee Assisted Recreational Experience program is now into its 5th year. At this time, applications continue to be accepted, the program is providing full access to community swims and Lake Lisgar Water Park. However, due to lack of funding, programs such as swim lessons, youth programs, camps or health club passes cannot be provided. This program is looking into corporate donations and even staff contributions for continuity. Programs & Facilities 2018-2019 arena season is coming to a close. The Hurricanes made it all the way to the final round in their division this year playing until March 16. However the Thunder was eliminated February 24, returning the remainder of their seasonal ice. The Peewee Rep Girls team will be moving onto Provincials the first weekend in April in Toronto. Many TMHI teams are in Southern Counties playoffs. The Old Timers, Tillsonburg Minor Hockey’s Local League and Max Partlo Memorial tournaments were held in this quarter. Tillsonburg Ringette hosted the Western Region Ringette Regionals this year; a first for Tillsonburg. Regionals required use of several area arenas with Tillsonburg being the home Page 404 of 474 Page 2 / 5 9462347838,,,RCP 19-18 - ATT 01 - Jan-Mar 2019 Activity - Rec Programs and Services base. Some of the teams attending this year were from Chatham, Elora/Fergus, Goderich, Mitchell, Seaforth, Forest, Hanover and 4 teams from Tillsonburg. The 2019 seasonal diamond and special event contracts have all been completed. There will be 2 new tournaments held this year: a Ladies Ringette team fundraiser and the Ritch Holland Slo- pitch for Autism. The 2019 seasonal spring ice schedule has been completed and contracts issued. New users this season: Sniper Hockey Academy and Crease Keepers, both running camps/schools in the spring and summer. Tillsonburg First Baptist Church continues with their Sunday services here at the community centre. The Auditorium, Marwood Lounge and Rotary room are booked for them each week. Looking Ahead To The Next Quarter Administration Summer staff has been hired with training to commence late May on the new recreation software, both at the Customer Service Desk and Lake Lisgar Waterpark. Ongoing training and fine tuning business services to align with the Legend Recreation Management Solutions will be a strong focus for the department. Programs and Facilities 2019/2020 seasonal Arena requests will be sent out. 2019 Spring Home Show is using both arenas this year Page 405 of 474 Page 3 / 5 9462347838,,,RCP 19-18 - ATT 01 - Jan-Mar 2019 Activity - Rec Programs and Services AQUATICS TEAM The Aquatics Team is responsible for: • swimming instruction; • indoor pool lifeguards; • waterpark lifeguards; • aquafit programming; • drowning prevention outreach programming; • lifeguard competition and synchronized swimming teams. Indoor Pool Highlights The Winter #2 session of swimming lessons is extremely busy with over 750 registrations. The waitlist function in Legend was used to fit in 48 eager swimmers. The new lifeguards attained through Lifeguard University program have a great work ethic. They are easily scheduled for last minute shift replacements and are eager to please. Most of the new staff did not grow up swimming competitively or even throughout their childhood for fun so they are very new to this Aquatic environment. Training has been vital in ensuring our new instructors develop to their full potential. Parks and Recreation Ontario Recognition Town of Tillsonburg employees were recognized at PRO Forum Conference March 2019. Melanie Corbett was the recipient of the 2018 Hugh Clydesdale Bursary. This annual monetary bursary is awarded to a promising female parks and recreation post-secondary or post graduate student or practitioner in Ontario to pursue professional development or their education. Melanie is currently employed in the Aquatics Department as a Sr. Aquatics Instructor. In 2016 Michelle Bijsterveld received the same award and was again featured this year at PRO in a segment entitled “Where are they now?” Michelle’s work as an Aquatics Coordinator with the Town of Tillsonburg is highlighted in a poster that was shared with over 500 attendees. Expanded Social Media Marketing Three new separate Facebook Contests have been implemented over the past three months. The first contest requested followers to share a favorite swimming lesson memory, the second contest requested followers to tell us what programs or services they would like to see available at the Community Centre. 3,420 Facebook users were reached. Selected suggestions will be used for programming for Fall 2019. The current Facebook campaign is designed to have our followers post a photo of their children or family having fun at the Community Centre and has already reached 1,050 Facebook Users. Looking Ahead To Next Quarter Lake Lisgar Waterpark Preparations have begun to be ready for a June 15 and 16 weekend opening at Lake Lisgar Waterpark. Advertising for Waterpark preseason rentals have been sent out to area schools and some interest has already been received by Customer Service Reps. Staff will be checking in on the Waterpark to see how the facility held up over the winter months and begin opening maintenance/repairs. Southwestern Public Health New program development is underway working with Southwestern Public Health and the Bi- County Low German Speaking Health Promotion Committee. A portion of the Low German Mennonite community in our area attends segregated Home School Swimming Lessons designed just for them. To increase this user group in all of our facilities and programs a Page 406 of 474 Page 4 / 5 9462347838,,,RCP 19-18 - ATT 01 - Jan-Mar 2019 Activity - Rec Programs and Services partnership is being developed to engage directly with potential guests at special events, and through partnering services. Another new initiative to Oxford County is Act i Pass that allows all Grade 5 students that live or attend school in Oxford County the opportunity to access free recreation programs throughout the entire school year. The purpose of the program is to increase a child’s ability to participate in physical activity, which can improve health, lengthen life, decrease illness, reduce screen time and increase play in their lives. The program is scheduled to launch in September. Fall Recruitment Recruitment will begin in the next quarter for the Fall 2019 season. As a result of the staff successfully obtained through Lifeguard University only a few new employees will be required. Page 407 of 474 Page 5 / 5 9462347838,,,RCP 19-18 - ATT 01 - Jan-Mar 2019 Activity - Rec Programs and Services PROGRAMS TEAM The Programs Team is responsible for: • Dry-land fitness instruction; • Health club operations; • Adult co-ed sport league programming; • Youth sport programming; and • Summer camp programming. Youth Programming: Youth Programs had 98 registrations for the quarter, a 42% increase from last quarter. Combined with Dance/Gymnastics and Certification courses, total enrollment was 164. March Break Camp ran with 137 participants over the week, 90% of 2018’s program and works against the current trend of Camp Programs seeing regression in course sizes. Adult Programming Volleyball Leagues operated at 100% capacity, with a full complement of 16 teams registered. Fitness classes saw attendance numbers of 692, up 13% from the previous quarter. Health Club Health Club memberships have grown with 495 members (312 on monthly terms, 183 with vouchers, not including the 155 staff memberships on file), a 7% increase from the last quarter. Attendance in the Health Club was up 5% from the last quarter. The PAYG single visit option has continued to be a reliable source of revenue for the Health Club. Both attendance and membership numbers have been growing steadily. Fitness classes saw attendance numbers of 692, a 13% increase from the previous quarter. Accessible Fitness Program The Accessible Fitness program which saw the replacement of many outdated Health Club equipment pieces, the full renovation of a squash court into a private personal training studio, as well as further staff certifications in areas of restorative fitness, balance and older adult fitness. The program held more than 50 personal training sessions over February and March for persons experiencing various barriers to becoming active. Looking Ahead To The Next Quarter Bus Trips have 70 advanced registrations, with historically most successful trips occurring in the spring. For the first time, the “Home Alone” course will be offered, geared at giving children essential skills to be home alone with minimal supervision. More program offerings tailored to life skills will be scheduled in the future as they are in demand. An additional 2 fitness classes have been added to the schedule, and one more class geared towards lower intensity will be added. Through a Facebook survey done earlier in the quarter, programming tailored to toddlers has been requested. Expanding that age range will be a focus in Q2. A Spring Health Club membership sale will be added for early April to boost membership. Page 408 of 474 Report Title January – March 2019 Activity Report Culture & Heritage Report No. RCP 19-07 Author Patricia Phelps, Culture & Heritage Manager/Curator Meeting Type Council Meeting Council Date , 2019 Attachments Page 1 / 3 9462381406,,,RCP 19-18 - ATT 02 - Jan-Mar 2019 Activity - Culture and Heritage ACTIVITY REPORT OCTOBER TO DECEMBER 2018 The first quarter of 2019 was an active one for museum staff and volunteers. The dismantling of both the seasonal décor throughout the building and the annual themed exhibit in the Pratt Gallery is labor intensive and requires several weeks of staff time. Immediately following the removal of the “Christmas Season” staff began work on the first exhibit of 2019 “Call the Doctor” which highlighted the history of medicine in Tillsonburg with special emphasis on the community’s earliest physicians. The exhibit, which showcased medical instruments and equipment from the museum’s permanent collection, has been well received by the community. Throughout the quarter many retired nurses, doctors and staff members from the local hospital have toured the exhibit. Considerable staff resources were expended to complete the exhibit for the February third opening deadline. The opening was a success with descendants of many of the featured doctors and nurses attending. Inclement weather during the quarter caused the postponement of several scheduled programs. The programs will now be completed during Q 2. ATTENDANCE UPDATE Q1 Q2 Q3 Q4 Q4 YTD Q1 Q2 Q3 Q3 Q4 YTD Q1 Q2 Q3 Q4 YTD Admissions 311 934 912 404 404 2965 192 533 522 522 612 2381 174 174 Programs 27 290 341 618 618 1894 21 91 15 15 765 907 0 0 Events 288 1000 2867 553 553 5261 235 912 2624 2624 446 6841 357 357 Tourism & Historical Information Services 302 436 373 253 253 1617 164 323 452 452 289 1680 221 221 Members & Volunteers 455 537 517 656 656 2821 365 548 381 381 655 2330 488 488 Room Rental Visitors 398 247 240 238 238 1361 183 288 349 349 268 1437 250 250 QUARTERLY TOTAL 1781 3444 5250 2722 2722 15919 1160 2695 4343 4343 3035 15576 1490 0 0 0 1490 201920172018 Page 409 of 474 Page 2 / 3 9462381406,,,RCP 19-18 - ATT 02 - Jan-Mar 2019 Activity - Culture and Heritage 2018 BUSINESS PLAN The first exhibit in the Pratt Gallery for 2019 “Call the Doctor” was researched, fabricated and installed by museum staff and volunteers. Along with artefacts from the museum permanent collection, the museum borrowed items from the Weston family,(descendants of Dr. R.E. Weston), the Board of the Tillsonburg District Memorial Hospital and several retired nurses from the community. This quarter saw the start of the popular Lunch & Learn Lecture Series, with two of the four L & L completed. Museum volunteer, Laurel Beechey presented the first lecture “Tillsonburg’s Architectural Treasures” while the Culture & Heritage Manager/Curator researched and presented the second lecture “Buggies & Tin Lizzies; the story of Waller’s Carriage Works and Mabee’s Garage.” The series is offered on the last Thursday and Friday of each month, February through May with patrons able to purchase either individual tickets for each lecture or a series pass for all four. The Friday lectures are booked at 100% capacity with the Thursday lectures running between 60% – 90%. The Mayor’s Levee, Family Day Open House and the Woman’s Day Cheesecake Social were all successfully completed during Q 1. The Spring Bus Trip to Canada Blooms was cancelled due to lack of ticket sales. Preliminary planning for Turtlefest, Canada Day Open House & Fun Fair and the Dolly & Teddy Bear events was undertaken during the quarter. Programing in correlation with the Call the Doctor exhibit in the form of power point presentations highlighting 5 Tillsonburg Doctors was offered during the quarter. The Culture & Heritage Manager/Curator researched and presented these mini talks on Dr. Alexander, Dr. Weston, Dr. Bennett and Dr. Rankin, while volunteer Laurel Beechey, presented her talk on Dr. Joy. The Collections & Exhibit Specialist completed two exhibits within Annandale House during the quarter; Mid Century MRS. an exhibition featuring clothing, hats and accessories that belonged to Ethel McKenney which examines 1940s-1960s fashions was displayed in the ¼ ceiling room, Pond to Pool: Swimming in Tillsonburg – an exhibition featuring the swimwear from the museum’s collection with accompanying photographs of people swimming at Lake Lisgar, the outdoor pool and the indoor pool was created in the third floor tower room. The major exhibit Call the Doctor – Tillsonburg’s Medical History was installed in the Pratt Gallery. The museum received objects, documents, and photographs from 7 donors this quarter. These donations resulted in 24 items added to the permeant collection. Of particular interest were the Graduation Certificate, Pins, and photographs of Joanne Young who was part of the last Registered Nursing Assistant class that graduated from Tillsonburg District Memorial Hospital before the program was disbanded in 1968. During the quarter a new data entry volunteer was trained on PastPerfect. Volunteers finished data entry and processing both of the yearbooks in the collection and the large Scott Collection that consisted of 116 documents. Volunteers also began the task of scanning the oversized photographic collection. Collections and Exhibitions Specialist attended a Museum Lighting course in Hamilton taught by Canadian Conservation Institute and attended a Writing for Museum Exhibits workshop held in Milton by Halton Heritage Services. Page 410 of 474 Page 3 / 3 9462381406,,,RCP 19-18 - ATT 02 - Jan-Mar 2019 Activity - Culture and Heritage The Culture & Heritage Manager/Curator requested sponsorship in the amount of $2,000 from the Tillsonburg & District Historical Society to cover the costs in completely outfitting, in full piper regalia, Mr. Corey Hill, Facility Manager of the Town of Tillsonburg and member of the Ingersoll Pipe Band. Mr. Hill has agreed to become the “new” Tillson Pan-Dried Oats Scottish Highlander and the “official” museum piper, piping at museum and other town events as requested and as negotiated with him. The Collections and Exhibitions Specialist applied to the Frank Cowan Company Home Town Program for $4,000 in funding to redo the Tillson Family Gallery. If successful, the grant will allow for a complete up-grade of the gallery with new panels and visuals depicting the history of Tillsonburg’s first family. Page 411 of 474 Report Title January - March 2019 Activity – Parks, Cemetery & Facilities Activity Report Report No. RCP 19-18 Author Corey Hill, Manager of Parks & Facilities Meeting Type Council Meeting Council Date Attachments Page 1 / 2 9462423402,,,RCP 19-18 - ATT 03 - Jan-Mar 2019 Activity - Parks and Facilities ACTIVITY REPORT (January - March 2019) SPECIAL EVENTS Hockey Tournaments - There were multiple hockey tournaments at the Complex that required facilities staff to perform a variety of set-up tasks as well as clean up. TMHI, OMHA & GMHL Playoffs – The hockey season was extended with playoffs in multiple user leagues. Facilities staff supported the operations and logistics for the playoff games. Family Day - The Family Day event included set-ups and tears downs in every part of the building. There was also extensive pool and arena usage requiring extra attention to pool chemistry and ice conditions. Lastly, the Scott McLean Outdoor Recreation Pad was officially opened and there were special set-ups and logistics for Facilities to complete. Buck & Does – Multiple Buck & Does were scheduled throughout the quarter each requiring set-up and tear down and clean-up. Blood Donor Clinics - Multiple clinics were scheduled throughout the quarter each requiring set-up and tear down and clean-up. CAPITAL PROJECTS Lake Lisgar Waterpark Showers – Commenced procurement process for shower head replacements. Work to commence and be completed in Q2 for the opening of waterpark. Energy Retrofit – Arena Refrigeration Plant project was completed and full operations commenced with the addition of the outdoor pad. Technical glitches and issues continue to be addressed through contractors and the warranty program. The Facilities Chief Operator was scheduled for Q2 training on the maintenance of the turbines. Baseball – Hardball #1 Backstop – procurement commenced & work awarded for supply & install of a more significant backstop on hardball #1 to prevent foul balls & tips landing in the outdoor pad. Work to commence in Q2 for baseball season. Public Works – Fleet LED Conversion – The project was completed in Q1. Public Works – Fleet Pit Repairs – The concrete and metal work was completed in Q1. OPP Sally Port Door Replacement – The project was awarded and work was completed in Q1. New Columbaria – Preparations for the new columbaria at the cemetery commenced in Q1. The procurement process to occur in Q2. Facility Condition Assessment Work – Preparations commenced to organize the various work associated with Facility Condition Assessments for the cemetery, Public Works & the Museum. Work to commence in Q2 and continue through to Q4. Fire Hall Dehumidification – Work commenced to obtain competitive proposals and quotes for the dehumidification/HVAC work at the Fire Hall in Q1. Page 412 of 474 Page 2 / 2 9462423402,,,RCP 19-18 - ATT 03 - Jan-Mar 2019 Activity - Parks and Facilities Ice Resurfacer Refuelling Station - Based on pre-budget approval in 2018 Q4, the work was awarded and specialized parts ordered in Q1. Expected project completion in Q2. Domestic Hot Water Replacement & Heat Recovery Integration - Based on pre-budget approval in 2018 Q4, a consultant was hired to design the system and prepare technical specifications to integrate with the new energy retrofit project work. Project is expected to go out for tender in Q2 with work to commence in Q3. FACILITIES TEAM ACHIEVEMENTS Housekeeping Contract – New housekeeping contracts commenced in Q1 for 6 month term. Contract extensions are available at that time. Facility Events – Multiple events/meetings set-ups and clean-ups New Staff - Recruitment for new Facilities Attendants was completed. Scott McLean Outdoor Recreation Pad – Facilities staff assumed & maintained operations of the pad in Q1 including inspections, snow clearing & flooding. Winter Maintenance – Winter maintenance (including after hours) completed at the Complex entrances and sidewalks. PARKS & CEMETERY ACHIEVEMENTS Grasscutting & Trimming Contract – tender process for 2019-2021 cutting seasons commenced in Q1. Award to occur on April 23. Toboggan Hill - The toboggan hill was dismantled in preparation for Spring. Enhanced Beautification – Preparations commenced for operationalizing the 2019 version of the beautification program including 12 downtown flower urns. Cooperation with the BIA throughout Q2 to complement their 2019 beautification plans. Ball Fields – Preparations for baseball season commenced in late Q1. Spring Flower Campaign – Packages were created and sent out promoting the spring flower campaign. Memorial Bench/Trees – Three benches were sold for Q2 installation. New Staff – Recruitment completed for a FT seasonal position plus summer students. Winter Maintenance – Winter maintenance (including after hours) completed at the Complex, Museum, Station Arts, Elliot Fairbairn Centre & the Cemetery. Looking ahead to 2019 Q2 Multiple procurement process to continue for capital projects; Install BIA benches in downtown; Commence beautification program; Commence clean-up and maintenance in all Town parks, trails, playgrounds and sports fields (including skatepark & pumptrack). Plan, coordinate and oversee the Keep Tillsonburg Beautiful/Trails Festival Event; Award & commence grasscutting contracts for Town parks and properties; Tillsonburg Home Show & Turtlefest; Staff training – Facilities & Parks/Cemetery staff to attend multiple training programs in Q2; Flower bed work around Complex to commence; Pull ice in Memorial rink for Q2 & Q3; Start-up of baseball. Page 413 of 474 Report Title January - March 2019 Activity Report: Recreation, Culture & Parks Administration Report No. RCP 19-18 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Regular Council Meeting Council Date April 23, 2019 Attachments Page 1 / 2 RCP 19-18 - ATT 04 - Jan-Mar 2019 Activity - RCP Admin.docx The RCP Administration team includes the Director, the Sales & Services Coordinator, dedicated Communications support for RCP needs, and, starting in Q2 2019, a dedicated financial analyst. Policy Development During Q1, an update to the Municipal Alcohol Policy was prepared with some additional items on security requirements and the new cannabis laws. The Special Event Manual was also updated to reflect best practices. A General Volunteer Policy was brought before Council for approval, and a Corporate Volunteering Policy has been prepared for review by senior leadership before coming to Council. During Q2, policy review and development will include work on an Administrative Safety/Public Code of Conduct Policy, a Sports Facilities Allocation Policy, a Corporate Asset Naming Policy and a Corporate Sponsorship Policy. Projects Planning was completed for the Bridges Out of Poverty workshop hosted on April 12 in Tillsonburg. Tthis workshop is open to everyone and community participation is actively encouraged. Tender documents were prepared and issued, and the tenders closed on the Auditory Accessibility Enhancement project and the Auditorium Kitchen Electrical Upgrades. The Building Code compliance project at the Station Arts Gallery was initiated with the consultants once the budget approval was provided. Communications The biggest communication project in Q1 was the preparation of the Spring/Summer Recreation Guide. 2019, which was released in mid-March. A different and simplified process for invoicing for Guide and arena board advertising was implemented. . The recreation guide contract was sent out for quotations and the production was awarded on a trial basis to Aylmer Express. Based on the success of the first issue, a contract will be formalized during Q2, Tillsonburg News/Sunmedia will continue to deliver a copy to each residence in Tillsonburg with the Wednesday paper. The advertising for this issue brought in $4,476.50 vs $6,005.83 production and delivery costs. Other communication tasks included producing signage for the Outdoor Pad and posters/print ads and tickets for the Tillsonburg Concert Series. Community Engagement and Advisory Committees Administrative team staff supported the new advisory committees to get up and running with the first meetings of both the Recreation & Sport Advisory Committee and the Memorial Park Revitalization Advisory Committee occurring in March. Ex-officio liaison work continued with the Tillsonburg Senior Centre Board of Directors and the Tillsonburg & District Craft Guild Administration and Human Resources Supporting Council through the 2019 Budget and Business Plan process required considerable amounts of report preparation and meetings during January and February. Page 414 of 474 Page 2 / 2 RCP 19-18 - ATT 04 - Jan-Mar 2019 Activity - RCP Admin.docx Retirements in the Recreation Programs and Services team provided an opportunity to review the positions and consider adjusting the structure. The Recreation Programs & Services Manager position job description was reviewed, revised and the position posted for recruitment. The upcoming retirement of the Business Services Supervisor (June) provided an opportunity to redevelop the position as a Financial Analyst to be better able to support the business processes of the entire RCP Department. Both positions were revaluated and have been posted at a lower grade providing long-term cost savings to the corporation. Special Events The Optimist Club has requested assistance in finding a better route for the Santa Claus Parade to reflect changes in the Memorial Park configuration and the desire for the start and end of the parade to be in the same location. The Events group is working with the club. Summer events are lining up, with annual returns of Turtlefest, the fair has moved their dates to August and Ribfest will be in September this year. The Tillsonburg Springfest event organizers asked to bring additional heat into the Community arena as a result of last year’s complaints about temperature, they are working with the operators to ensure ice quality isn’t compromised. Canada Day Fireworks contract was awarded to GFA Pyro, who will be visiting the site sometime in April/May. The Tillsonburg Concert Series had a moderately successful Valentine’s event (58 tickets sold) to kick off the 2019 concerts and the March event was at capacity (184 tickets). At the time of this report, 116 tickets have been sold for the concert scheduled for May 4. There are several additional events in the series being planned, including some with free admission. Turtlefest planning for the Memorial Park component of the June event included reviewing the site plan, preparing and recruiting a schedule of performers, and engaging with other exhibitors, vendors and activity providers. Expenses Town CES Town CES Advertising 1,400.00$ 400.00$ Glassware & linen rental 247.75$ 378.75$ Printing 50.00$ 50.00$ Performers & Production 750.00$ 1,400.00$ Catering 1,061.95$ 3,312.90$ License 150.00$ 150.00$ Bar supplies 410.00$ 410.00$ 3,509.70$ 560.00$ 5,541.65$ 560.00$ Revenue Dinner/Dance Tickets 1,820.00$ 7,811.50$ Dance only Tickets -$ 140.00$ Bar sales 350.00$ 806.98$ 1,820.00$ 350.00$ 7,951.50$ 806.98$ (1,689.70)$ (210.00)$ 2,409.85$ 246.98$ Net cumulative surplus/(loss) Town of Tillsonburg (184.85)$ CES (1,948.02)$ (Note: this includes expenses incurred for cancelled events in 2018) Net Surplus/(Loss) Tillsonburg Concert Series 2019 events Feb 14 Valentines Dinner/Dance 52 tickets sold 184 tickets sold Mar 23 Shake, Rattle, Rock & Roll Page 415 of 474 Report Title Awarding RFT2019-007 – TCC Auditorium Kitchen Electrical Upgrades Report No. RCP 19-19 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date April 23, 2019 Attachments RCP 17-53 – Lions Auditorium Kitchen Improvements Page 1 / 3 Awarding RFT2019-007 – TCC Auditorium Kitchen Electrical Upgrades RECOMMENDATION THAT Council receives Report RCP 19 – Awarding RFT2019-007 – TCC Auditorium Kitchen Electrical Upgrades; AND THAT Council awards RFT2019-007 – Tillsonburg Community Centre Auditorium Kitchen Electrical Upgrades to Adrian Droogers Electrical Contracting at their tendered price of $38,625 plus applicable taxes. EXECUTIVE SUMMARY The planned upgrades to the Auditorium Kitchen included an overhaul and update of the electrical systems. The work was designed to achieve improved usability and save on utility costs, as well as make better use of the space and replace equipment at the end of its life. The tender was issued and three bids were submitted. This report recommends awarding the work to Adrian Droogers Electrical Contracting at their tendered price of $38,625 plus applicable taxes. BACKGROUND The electrical infrastructure at the Lions Auditiorium has been redesigned as part of the kitchen upgrade project to provide a more useable layout for kitchen users, as well as to provide more for more efficient equipment and better use of space. As part of the upgrade, the work will take advantage of the reconfiguration possible after the installation of the co-generation system for emergency power to be more efficient and take up less space in the electrical room. Additional split-circuit power points will be added in the Auditorium and the kitchen, as well as the electrical connections required to support the new more efficient dishwasher and the warming cabinets. RFT 2019-007 was issued through the Town’s online bidding system. Three submissions were received and staff is recommending the work is awarded to Adrian Droogers Electrical Contracting, the lowest qualified and complete bid received. Page 416 of 474 Page 2 / 3 Awarding RFT2019-007 – TCC Auditorium Kitchen Electrical Upgrades Once the electrical component of the project is complete, the next major component is the replacement of the stove hood and extraction system. All components of the project should be completed over the summer in time for the fall event booking season. FINANCIAL IMPACT/FUNDING SOURCE The kitchen upgrade project has an approved budget of $150,000 from the 2017 budget. To date, $25,854 has been spent to replace the walk-in cooler and prepare the electrical design. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living Part 1 Bid Price Part 2 Bid Price Total Bid Price M's Electric Co.22,800$ no bid 22,800$ Adrian Droogers Electrical Contracting 10,700$ 27,925$ 38,625$ Waring Electrical 44,970$ 87,292$ 132,262$ Page 417 of 474 Page 3 / 3 Awarding RFT2019-007 – TCC Auditorium Kitchen Electrical Upgrades Report Approval Details Document Title: RCP 19-19 - Awarding RFT2019-007 - TCC Auditorium Kitchen Electrical Upgrades.docx Attachments: - RCP 17-53 - Lions Auditorium Kitchen Improvements.pdf Final Approval Date: Apr 17, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Apr 17, 2019 - 8:23 AM David Calder - Apr 17, 2019 - 8:27 AM Donna Wilson - Apr 17, 2019 - 8:51 AM Page 418 of 474 Report Title Lions Auditorium Kitchen Improvements Report No. RCP 17-53 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date December 11, 2017 Attachments • RCP 17-24 – Lions Auditorium Kitchen Reno Project Outline Page 1 / 3 RCP 17-53 - Lions Auditorium Kitchen Improvements.docx RECOMMENDATION THAT Council receives Report RCP 17-53 – Lions Auditorium Kitchen Improvements; AND THAT Council authorize staff to proceed with procuring the recommended improvements in accordance with the Town’s Purchasing Policy. EXECUTIVE SUMMARY Council directed staff to bring a report forward outlining proposed improvements to the Lions Auditorium before proceeding with procurement. This report provides a recommended program of improvements to the kitchen and seeks approval to proceed. BACKGROUND During the 2017 budget process, Council authorized a capital allocation for improvements to the Lions Auditorium kitchen. Staff provided an update in April (RCP 17-24) identifying the expected components of the improvement project. At the Council meeting of April 10, 2017, Council passed the following resolution: Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receives Report RCP 17-24 – Lions Auditorium Kitchen Reno Project Outline for information; AND THAT Staff report back to Council on the kitchen renovation project with a draft RFP when information is available. Carried The proposed upgrades include improvements to the usability and energy efficiency of the Auditorium kitchen. The first priority is to update the exhaust hood, fire suppression, electrical infrastructure and ventilation to current code requirements. While there are existing drawings from the original construction, various repairs and changes over the years have not been properly documented. This requires an investment in verifying and documenting the existing infrastructure and preparing digitized base drawings. Once that work is complete, a proper engineering/architectural design can be prepared to ensure all code requirements are met. Replacing the inefficient dishwasher and walk-in cooler are also a high priority so that the operating costs of the kitchen are lower and the dishwasher is more functional for users of the facility. A new stove including a griddle, a new double door cooler, two rolling holding cabinets and some utility carts have been identified as desirable equipment to make the kitchen more useable for caterers and other functions. Page 419 of 474 Page 2 / 3 RCP 17-53 - Lions Auditorium Kitchen Improvements.docx As the proposed improvements are not consolidated into one large renovation, a single RFP is not a practical approach to the project. Preliminary pricing has been obtained from vendors, consultants and contractors to develop the following estimated cost breakdown: Ventilation hood and fire suppression 60” 6-burner, 2 oven raised griddle range 70oC rise 3-phase door style dishwasher Walk-in cooler with interior racks, rooftop unit Component Professional Fees Construction Equipment Pre-project documentation 12,800$ Ventilation, fire suppression, HVAC & electrical 14,350$ 31,433$ 25,718$ Stove: 60" 6 burner, 2 oven, raised griddle 9,300$ Dishwasher: 70deg Rise 3-phase door type 11,800$ Walk-in Cooler w/ interior racks, rooftop unit 16,750$ Double sliding door cooler 3,350$ Holding cabinets (2)7,150$ Utility carts (4)1,200$ Contingency (10%)13,385$ Subtotal 147,235$ Net taxes 2,591.34$ Total 149,826.34$ Page 420 of 474 Page 3 / 3 RCP 17-53 - Lions Auditorium Kitchen Improvements.docx Holding cabinet Double sliding door cooler Utility cart If Council gives staff approval to proceed with the above components, procurement will be initiated immediately in compliance with the Town’s purchasing policy. Work will be scheduled to minimize or avoid impact on facility users and rentals. The stove and dishwasher that are being removed may have some residual value to be redeployed within the Town’s facilities, used as trade-ins or sold through the GovBids surplus equipment website. The existing stainless steel dishwashing tables will be re-used. CONSULTATION/COMMUNICATION Local caterers and managers from kitchen facilities in nearby municipalities were contacted to determine the preferred upgrades. Kitchen equipment suppliers, architectural and engineering design firms, and mechanical contractors were contacted to obtain budget pricing. FINANCIAL IMPACT/FUNDING SOURCE The 2017 approved budget includes a $150,000 allocation for improvements to the Lions Auditorium kitchen. COMMUNITY STRATEGIC PLAN (CSP) IMPACT This issue paper provides information in alignment with the following Objectives of the Community Strategic Plan: • Objective 1 – Excellence in Local Government • Objective 2 – Sustainable Economy • Objective 4 – Culture & Community Page 421 of 474 Report Title Awarding RFT 2019-008 for Grasscutting and Trimming Report No. RCP 19-20 Author Corey Hill, Manager of Parks & Facilities Meeting Type Council Meeting Council Date April 23, 2019 Attachments Page 1 / 5 Awarding RFT 2019-008 for Grasscutting and Trimming RECOMMENDATION THAT Council receives Report RCP 19-20 – Awarding RFT 2018-011 for Grasscutting and Trimming; AND THAT Council award grasscutting and trimming contracts for the 2019, 2020 & 2021 seasons with options to extend for up to two (2) one (1) year periods with the same terms and conditions of the original agreement; AND THAT Council award a grasscutting & trimming contract for Zone 1 to Nature’s Choice Lawn Care and Irrigation at an average contract term cost per cut of $1,003.67 before taxes; AND THAT Council award a grasscutting & trimming contract for Zone 2 to Fitch General Contracting Inc. at an average contract term cost per cut of $731.00 before taxes; AND THAT Council award a grasscutting & trimming contract for Zone 3 to Fitch General Contracting Inc. at an average contract term cost per cut of $548.00 before taxes; AND THAT Council award a grasscutting & trimming contract for Zone 4 to Fitch General Contracting Inc. at an average contract term cost per cut of $436.00 before taxes; AND THAT Council award a grasscutting & trimming contract for Zone 5 to Fitch General Contracting Inc. at an average contract term cost per cut of $1,115.00 before taxes. EXECUTIVE SUMMARY The grasscutting & trimming services contracts for Town owned properties expired on December 31, 2018. A tender process was initiated to secure pricing for a new three (3) year term plus two (2) additional one (1) year extensions for five (5) Zones. The zones were reconfigured from the previous contracts to incorporate changes and remove areas transferred to Public Works operations. This report recommends awarding Zone 1 to an existing contractor that has satisfactorily provided grasscutting & trimming services for the Town. In addition, the recommendation is to award zones 2, 3, 4 & 5 to a new contractor that has done similar work with satisfactory references. Page 422 of 474 Page 2 / 5 Awarding RFT 2019-008 for Grasscutting and Trimming BACKGROUND The approved 2019 business plan for the Recreation, Culture & Parks Department included the tendering of contracted grasscutting & trimming services at various Town owned properties. RFT2019-008 was issued to secure contractors to provide grasscutting & trimming services for a three (3) year period plus two (2) additional one (1) year extensions. The contracted grasscutting has been divided into five zones. The zones were revised from the previous tender. The zones are as follows: The tender closed Thursday, March 28, 2019 and multiple responses for each zone in RFT2019- 008 were received. Qualified bids were received from nine (9) vendors. One bid was disqualified. Staff recommends awarding the work as per the following table showing the Contractor Name, zone, tendered cost per cut per season and a contract term average cost per cut (before applicable taxes). The recommended bids are highlighted in green. Zone 1 Zone 2 Zone 3 Glendale Park Gilvesy Park Oxford & Broadway Parkette Trottier Park Cadman Park Tanager and Bobolink lot Memorial Park (no baseball fields)Cranberry Park Station Arts Centre Dog Park Participark Veterans Memorial at Rolph St Optimist Park Westmount Park Hickory Hills Walkway Coronation Park Oak Park Municipal Boulevards by Mall & around Bell Building & Church LLWP/Summer Place Southridge Park Island on Lisgar Ave. LLWP/Summer Place 2nd cut John Pound Rd/George St Broadway/John Pound Rd Zone 4 Zone 5 Elliott Fairbairn Centre Kiwanis Diamond Tillsonburg Community Centre Kiwanis Diamond - 2nd cut Customer Service Centre Hardball #1 & adjacent land OPP Station Hardball #2 (Sam Lamb Diamond) & adjacent land Tillsonburg Fire Hall Hardball #2 (Sam Lamb Diamond) - 2nd Cut Tillsonburg Museum Optimist #1 Diamond Bert Newman Park Optimist #2 Diamond Annandale #2 Diamond Annandale #2 Diamond - 2nd Cut Annandale #3 Diamond Annandale #3 Diamond - 2nd Cut Annandale #4 Diamond Annandale #4 Diamond - 2nd Cut Annandale #5 Diamond Annandale #5 Diamond - 2nd Cut Annadale Baseball Complex Adjacent Areas 2019/cut 2020/cut 2021/cut 3Yr Total Avg/Cut 2019/cut 2020/cut 2021/cut 3Yr Total Avg/Cut 2019/cut 2020/cut 2021/cut 3Yr Total Avg/Cut Sol-Mar Landscaping $5,580 $5,580 $5,580 $16,740 $5,580 $3,790 $3,790 $3,790 $11,370 $3,790 $3,430 $3,430 $3,790 $10,650 $3,550 Southwest Property Care $1,660 $1,694 $1,729 $5,082 $1,694 $1,590 $1,622 $1,656 $4,868 $1,623 $655 $668 $682 $2,005 $668 West Wood Landcare $1,580 $1,999 $2,437 $6,015 $2,005 $3,410 $3,569 $4,257 $11,235 $3,745 $1,949 $2,549 $3,161 $7,658 $2,553 1145277 Ontario Ltd.$2,970 $3,118 $3,275 $9,363 $3,121 $1,990 $2,090 $2,195 $6,275 $2,092 $1,825 $1,915 $2,010 $5,750 $1,917 Fitch General Contracting $1,159 $1,159 $1,159 $3,477 $1,159 $731 $731 $731 $2,193 $731 $548 $548 $548 $1,644 $548 O-K Grass Cutting NA NA NA $0 $0 $1,700 $1,900 $2,050 $5,650 $1,883 $1,700 $1,850 $2,000 $5,550 $1,850 Natures Choice $955 $1,003 $1,053 $3,011 $1,004 $810 $851 $893 $2,554 $851 $539 $567 $595 $1,702 $567 Mountview Services Inc. $2,940 $2,940 $3,087 $8,967 $2,989 $1,725 $1,725 $1,811 $5,261 $1,754 $780 $780 $819 $2,379 $793 Courtland $1,920 $1,958 $1,998 $5,876 $1,959 $1,740 $1,775 $1,810 $5,325 $1,775 $1,110 $1,132 $1,155 $3,397 $1,132 Contractor Zone 1 Zone 2 Zone 3 Page 423 of 474 Page 3 / 5 Awarding RFT 2019-008 for Grasscutting and Trimming CONSULTATION/COMMUNICATION RCP and Public Works staff worked cooperatively to reconfigure specific cutting locations with some areas being added into the new contract scope and some areas removed from the scope that was included in the 2014-2018 contracts. Specifications regarding the grass heights for the baseball diamonds were established throughout the last contract term in consultation between RCP staff and representatives of local baseball organizations. FINANCIAL IMPACT/FUNDING SOURCE The tender process secured a wide range of bids for each zone. A precise location-specific comparison is difficult given the reconfiguration of the scope and the zones. However, the average per cut cost will increase approximately 11.5% over the actual costs experienced in 2018 over the 3 year term of the contract. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living 2019/cut 2020/cut 2021/cut 3Yr Total Avg/Cut 2019/cut 2020/cut 2021/cut 3Yr Total Avg/Cut Sol-Mar Landscaping $3,070 $3,070 $3,070 $9,210 $3,070 $3,160 $3,160 $3,160 $9,480 $3,160 $40 $40 Southwest Property Care $555 $566 $578 $1,699 $566 $3,450 $3,520 $3,592 $10,562 $3,521 $65 $155 West Wood Landcare $1,565 $2,255 $2,651 $6,470 $2,157 $2,669 $2,959 $3,551 $9,178 $3,059 $159 $109 1145277 Ontario Ltd.$1,180 $1,240 $1,300 $3,720 $1,240 $1,825 $1,915 $2,010 $5,750 $1,917 $100 $100 Fitch General Contracting $436 $436 $436 $1,308 $436 $1,115 $1,115 $1,115 $3,345 $1,115 $55 $38 O-K Grass Cutting NA NA NA $0 $0 NA NA NA $0 $0 NA $75 Natures Choice $485 $509 $535 $1,529 $510 $1,065 $1,118 $1,174 $3,357 $1,119 $50 $50 Mountview Services Inc. $920 $920 $966 $2,806 $935 $2,680 $2,680 $2,814 $8,174 $2,725 $90 $75 Courtland $720 $734 $749 $2,203 $734 NA NA NA $0 $0 $85 $75 Contractor Zone 4 Zone 5 Hrly Rate Bagging Hrly Rate Cut/Trim Page 424 of 474 Page 4 / 5 Awarding RFT 2019-008 for Grasscutting and Trimming Page 425 of 474 Page 5 / 5 Awarding RFT 2019-008 for Grasscutting and Trimming Report Approval Details Document Title: RCP 19-20 - Awarding RFT 2019-008 for Grasscutting and Trimming.docx Attachments: Final Approval Date: Apr 15, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Apr 15, 2019 - 8:25 AM David Calder - Apr 15, 2019 - 8:39 AM Donna Wilson - Apr 15, 2019 - 9:19 AM Page 426 of 474 Report Title RCP Service Review Update Report No. RCP 19-21 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date April 23, 2019 Attachments Page 1 / 4 RCP Service Review Update RECOMMENDATION THAT Council receives Report RCP 19-21 – RCP Service Review Update; AND THAT Council authorizes staff to issue a request for proposals from qualified consultants to carry out the RCP departmental service review; AND THAT an amount up to a maximum of $40,000 be funded from the MMAH "One-time Funding" revenue. EXECUTIVE SUMMARY The 2019 Business Plan for the Recreation, Culture & Parks Department includes a project to carry out a departmental service review. It was proposed as an internally-driven project without any budget allocation. In reviewing best practices and workload, it is clear that a more effective approach will be to engage a consultant to assist with this project. Staff are seeking permission from Council to obtain outside support to carry out this project, with the funding coming from a portion of the one-time provincial grant received in March. BACKGROUND A departmental service review is an important and complex process that requires considerable time and effort to do properly. The Province has prepared a “Guide to Service Delivery Review for Municipal Managers” which is used as a best practice for this type of work. A more simplified approach would be to test the alignment of the department against the Canadian Framework for Recreation. In consultation with the CAO, staff have identified that the best approach for Tillsonburg at this time would be to seek outside assistance to ensure objectivity and completeness. The scope of the project would include a review of the functions of the department in terms of what the department does and what the community expectations are of the department, essentially asking “is RCP doing the right things?” Further, the project would evaluate the structure of the department in light of the identified functions to determine if there is a more effective way of delivering the services – “is RCP doing things in the right way?” Staff recommends that a request for proposals be prepared and issued to obtain the services of a consulting team to assist with carrying out the service delivery review in the manner outlined in Page 427 of 474 Page 2 / 4 RCP Service Review Update the Guide prepared by the Province. This work would be an essential building block to the update to the Community Parks, Recreation, & Cultural Strategic Master Plan planned for 2020. In light of the potential outcomes of the Regional Government Review currently under way, this work can identify those aspects of the department which provide unique benefit to Tillsonburg and those which already support a wider regional population. FINANCIAL IMPACT/FUNDING SOURCE Preliminary inquiries with consultants doing work of this type have identified a budget range of $30,000-$40,000, depending on scope. A larger budget may be required depending on the amount of community consultation that is deployed. The Provincial government announced a one-time payment to small and rural municipalities to “modernize service delivery and reduce future costs through investments in projects such as: service delivery review, development of shared services agreements, and capital investments”. However, the grant is unconditional and can be used at Council’s direction. The amount of this grant is $622,976 and has already been received by the Town. Senior Leadership has identified the RCP Service Review as an appropriate priority that aligns with the direction provided by the Province for the preferred use of these funds. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 428 of 474 Page 3 / 4 RCP Service Review Update Page 429 of 474 Page 4 / 4 RCP Service Review Update Report Approval Details Document Title: RCP 19-21 - RCP Service Review Update.docx Attachments: Final Approval Date: Apr 16, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Apr 16, 2019 - 8:30 AM David Calder - Apr 16, 2019 - 4:21 PM Donna Wilson - Apr 16, 2019 - 4:35 PM Page 430 of 474 The Corporation of the Town of Tillsonburg Cultural, Heritage and Special Awards Advisory Committee April 3, 2019 5:30 p.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Deb Beard, Mark Dickson, Penny Esseltine, Terry Fleming, Vernon Fleming, Erin Getty, Carrie Lewis, James Murphy (Arrived at 5:37 p.m.), Collette Takacs. Absent with Regrets: Rosemary Dean Also Present: Amelia Jaggard, Legislative Services Coordinator Also Absent: Patty Phelps, Culture and Heritage Manager/Curator 1. Call to Order The meeting was called to order at 5:31 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Erin Getty Seconded by: Mark Dickson THAT the Agenda as prepared for the Cultural, Heritage and Special Awards Advisory Committee meeting of April 3, 2019, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: Erin Getty Seconded by: Penny Esseltine THAT the Minutes of the Cultural, Heritage and Special Awards Advisory Committee meeting of March 6, 2019, be approved. Carried. 5. Presentations/Deputations Page 431 of 474 Committee: Cultural, Heritage and Special Awards Advisory Committee Page - 2 - of 3 Date: April 3, 2019 6. General Business & Reports 6.1. Set goals for term • Promote Century Plaque Program; • Promote Special Awards programs; • Plan for Town’s 150th Anniversary; • To promote the Cultural Grant Program through traditional advertisement and social media promotion. • Provide advice on advertising and fundraising options to community event organizers through the use of an information handout or a networking opportunity. Staff to look into further promotional options with the “Events Calendar” on the Town website. James Murphy arrived at 5:37 p.m. 6.2. Ontario Senior of the Year Award – Update No applications have been received. Staff to resend the Call for Nominations - Ontario Senior of the Year Award handout. 6.3. Citizen of the Year Award – Update New release regarding Citizen of the Year nominations will be advertised during the month of April in the newspaper and on the Town website and social media pages. The deadline for nominations is May 1, 2019. Collette Tackacs will MC the Citizen of the Year event. Mark Dickson offered to sing the national anthem. Staff provided a Citizen of the Year – Call for Nominations poster to committee members. A digital copy will be sent with the minutes. 6.4. Cultural Grant Application – Tillsonburg Thunder Senior AA Hockey Club The committee reviewed the application and passed the following resolution. Motion Moved by: Carrie Lewis Seconded by: Terry Fleming THAT the Cultural, Heritage and Special Awards Advisory Committee approve the Cultural Grant Application submitted by the Tillsonburg Thunder Senior AA Hockey Club which requests funds to support the annual Tillsonburg Ribfest event; AND THAT staff notify the applicant of the Committee’s decision and to provide information regarding the applicant’s responsibilities according to the Cultural Grant Guidelines; Page 432 of 474 Committee: Cultural, Heritage and Special Awards Advisory Committee Page - 3 - of 3 Date: April 3, 2019 AND THAT staff forward the Cultural Grant in the amount of $2,000 to the Tillsonburg Thunder Senior AA Hockey Club. Carried. Staff to look into a “Cultural Grant Provided by the Town of Tillsonburg as approved by the Cultural, Heritage and Special Awards Advisory Committee” lawn sign. 6.5. Cultural Grant Guidelines and Application Review Request that applications are submitted a minimum of six weeks before the event. Request that applicants make a presentation at the next scheduled committee meeting after submitting a completed application. 7. Correspondence 7.1. Ministry of Government and Consumer Services Letter 8. Other Business 9. Next Meeting Wednesday, May 1, 2019 at 5:30 at the Corporate Office in Suite 203. 10. Adjournment Resolution #3 Moved by: Erin Getty Seconded by: Carrie Lewis THAT the April 3, 2019 Cultural, Heritage and Special Awards Advisory Committee meeting be adjourned at 6:32 p.m. Carried. Page 433 of 474 The Corporation of the Town of Tillsonburg Parks, Beautification and Cemetery Advisory Committee April 4, 2019 9:00 a.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Paul DeCloet, Paul Wareing, Bob Marsden, Marian Smith, Christine Nagy, Ken Butcher, Donna Scanlan, Maurice Verhoeve, Penny Esseltine, Sue Saelens. Absent without Regrets: Mike Dean Also Present: Corey Hill 1. Call to Order The meeting was called to order at 9:01 a.m. 2. Adoption of Agenda Proposed Resolution #1 Moved by: Bob Marsden Seconded by: Sue Saelens THAT the Agenda as prepared for the Parks, Beautification and Cemetery Advisory Committee meeting of April 4, 2019, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: Marian Smith Seconded by: Maurice Verhoeve THAT the Parks, Beautification and Cemetery Advisory Committee Meeting Minutes of March 7, 2019, be approved. Carried 5. Presentations/Deputations There were no presentations/deputations. 6. General Business & Reports 6.1. Keep Tillsonburg Beautiful/Trails Festival Event – Sue Saelens Sue Saelens, Chair of the Keep Tillsonburg Beautiful/Oxford Trails Festival Event Sub-Committee, provided the Committee with an update as to the planning progress for the event. The next sub-committee meeting is scheduled for April Page 434 of 474 Committee: Parks, Beautification and Cemetery Advisory Committee Page - 2 - of 3 Date: April 4, 2019 11. It was mentioned that the Oxford County Trails Association is still seeking Corporate Sponsors for the Trails Festival event (which includes the Tillsonburg & Harrington locations). The Sub-Committee members also encouraged as many Committee members as possible to attend on June 2 to show support for the event and pitch in to help wherever needed. 6.2. Keep Tillsonburg Beautiful/Trails Festival Event Sub-Committee Membership – Corey Hill Corey Hill, Committee Staff Liaison, explained that the Committee needed to approve Carol Jones & Kathy Sayeau to officially be apart of the Keep Tillsonburg Beautiful/Trails Festival Event Sub-Committee. Proposed Resolution #3 Moved by: Sue Saelens Seconded by: Christine Nagy THAT the committee approve Carol Jones & Kathy Sayeau to be added to the Tillsonburg Beautiful/Trails Festival Event Sub-Committee. Carried 6.3. Horticultural Society – Christine Nagy On behalf of the Tillsonburg Horticultural Society, Christine Nagy presented an update on the Society’s Commercial Beautification Program. The program currently has 31 participating businesses with 55 planters being ordered. Christine also advised that the Society’s fundraising Garden Auction is scheduled for May 21st and that donations are being sought from businesses with the Town. 6.4. Scattering Gardens Sub-Committee - Corey Hill Corey Hill, Committee Staff Liaison, explained that the sub-committee that was struck at the March 7, 2019, meeting did not identify the specific scope of work as well as the term of the sub-committee. The topic was discussed amongst the group and Robert Verhoeve, who was attending as a guest and was approved to speak by the Chair, expressed interest in being apart of the sub-committee. Proposed Resolution #4 Moved by: Bob Marsden Seconded by: Ken Butcher THAT the committee strike a sub-committee to determine the success of scattering gardens, including the demand and potential users, in a similar sized municipality AND to report its findings back to the committee at the August 2019 committee meeting. The members of the sub-committee will be Paul Wareing, Ken Butcher, Maurice Verhoeve & Bob Marsden with Corey Hill acting as staff liaison. Carried Page 435 of 474 Committee: Parks, Beautification and Cemetery Advisory Committee Page - 3 - of 3 Date: April 4, 2019 Proposed Resolution #5 Moved by: Sue Saelens Seconded by: Paul Wareing THAT the committee approve Robert Verhoeve to be added to the Scattering Gardens Sub-Committee. Carried 6.5. Beautification Program Update – Corey Hill Corey Hill, Committee Staff Liaison, provided an update on the status of the Town’s Beautification Program. There is a current posting for the seasonal full- time staff member for the program and the plan is to deliver the level of services that were provided in 2017. In addition, there was a recent meeting with Mark Renaud, Executive Director of the BIA, and there is a BIA plan to enhance downtown beautification in 2019 in cooperation with the Town & the Horticultural Society. There was a suggestion that perhaps Mark Renaud could be invited to a future committee meeting to outline the BIA plans. 7. Correspondence None 8. Other Business None 9. Next Meeting Thursday, May 2, 2019, at 9:00a.m.at the Corporate Office Annex Suite 203 meeting room. 10. Adjournment Resolution #5 Moved by: Ken Butcher Seconded by: Maurice Verhoeve THAT the April 4, 2019 Parks, Beautification and Cemetery Advisory Committee meeting be adjourned at 9:47 a.m. Carried Page 436 of 474 The Corporation of the Town of Tillsonburg Keep Tillsonburg Beautiful/Trails Festival Sub-Committee March 21, 2019 9:00 a.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Members Present: Sue Saelens & Marian Smith Members Absent with Regrets: Paul DeCloet, Paul Wareing & Penny Esseltine Also Present: Corey Hill & Carol Jones 1. Call to Order The meeting was called to order at 9:06am 2. Adoption of Minutes of Previous Meeting Proposed Resolution #1 Moved by: Marian Smith Seconded by: Sue Saelens THAT the Keep Tillsonburg Beautiful/Trails Festival Sub-Committee Minutes of March 8, 2019, be approved. Carried 3. General Business & Reports 3.1. Reports/Updates: 3.1.1. Sub-Committee Membership Corey explained that contrary to what was advised last meeting, a Council report formally recommending Carol Jones & Kathy Sayeau be approved to sit on the Keep Tillsonburg Beautiful/Trails Festival Sub-committee is not required. Instead, the Parks, Beautification & Cemetery Committee must approve their involvement in the Sub- committee. This will be added to the next PBC meeting agenda. 3.1.2 Event Opening & Memorial Bench - Penny & Corey No updates at this time. 3.1.3 Refreshments & BBQ - Sue Sue provided additional information to the Knights of Columbus. Request to be considered at their March 26 meeting. No update on the ice cream truck option. 3.1.4 Tree Planting - Corey Corey met with Paul Gagnon from the LPRCA at the tree planting site and determined there would be a few suitable tree species that could be planted. Holes would need to be pre-augured which could be done by Parks. LPRCA to investigate tree availability. Page 437 of 474 Page - 2 - of 2 3.1.5 Logistical Requirements - Penny & Corey No updates at this time. 3.1.6 Marketing & Promotion - Sue & Corey No updates at this time. Next Trails Meeting Apr 1. 3.1.7 Budget - Corey The Trans Canada Trial Clean-up grant was approved and $1,000 has been awarded. Awaiting Oxford County regarding an updated sponsorship letter with the Oxford County Trails Council letterhead. 3.1.8 Onsite/Adjacent Property Owner Liaison – Paul W No updates at this time (Paul absent). 3.1.9 Canadian Raptor Conservancy Show - Carol The show has set aside the date from 2-4pm. There is a $500 fee and Carol will follow- up to determine what needs to happen to solidify the booking (deposit etc.). 3.1.10 NETRA Information – Carol There is a commitment by Carol to represent the Norfolk Equestrian Trail Riding Association and hopefully have a horse onsite. No further update at this time. 3.1.11 Exercise - Paul No updates at this time (Paul absent). 3.1.12 Trail Walks – Marian No update at this time. 3.1.12 Station Arts – Corey No updates at this time. 3.1.13 Oxford County Display – Sue & Corey No updates at this time 4. Other Business 4.1. Sue to speak to Glendale High School about student Volunteers. Corey to follow-up regarding Town requirements for volunteers (sign-in sheets etc.). 5. Next Meeting Thursday, April 11, 2019, at 9:00am at the Corporate Office Annex Suite 203 meeting room. 6. Adjournment The meeting was adjourned at 10:00am Page 438 of 474 The Corporation of the Town of Tillsonburg Economic Development Advisory Committee April 9, 2019 7:30 a.m. Corporate Office, Suite 203 200 Broadway, 2nd Floor MINUTES Present: Andrew Burns, Deb Gilvesy, Lisa Gilvesy, Jesse Goossens, Jim Hayes, Kirby Heckford, Mayor Stephen Molnar, Lindsay Morgan-Jacko, Ashton Nembhard, Collette Takacs, Randy Thornton, Cedric Tomico, Lindsay Tribble, John Veldman Absent with Regrets: Jeff Van Rybroeck, Steves Spanjers Also Present: Amelia Jaggard, Legislative Services Coordinator Cephas Panschow, Development Commissioner Also Absent: David Calder, Chief Administrative Officer 1. Call to Order The meeting was called to order at 7:35 a.m. 2. Adoption of Agenda Proposed Resolution #1 Moved by: Cedric Tomico Seconded by: Randy Thornton THAT the Agenda prepared for the Economic Development Advisory Committee meeting of April 9, 2019, be adopted, as amended. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: Lindsay Tribble Seconded by: John Veldman THAT the minutes of the Economic Development Advisory Committee dated March 21, 2019, be approved. Carried Page 439 of 474 Committee: Economic Development Advisory Committee Page - 2 - of 5 Date: April 9, 2019 5. Presentations/Deputations 6. Information Items 7. General Business & Reports 7.1. Monthly Project Updates (Attached) The Development Commissioner and Multi-Service Centre representatives met with the Glendale High School Principal, Head of Guidance and Coop program to discuss increasing opportunities for experiential learning. The school is rebuilding and expanding the co-op program, and will consider expanding experiential learning opportunities like “Take a Kid to Work Day” available to more grades and creating opportunities for week-long work placements. The Development Commissioner has committed to helping build a list of local employers to provide to the TVDSB in order to make finding and creating opportunities for experiential learning easier. Development Commissioner will look into surrounding school board’s initiatives (i.e. Grand Erie District School Board). There is no set date for the media release regarding Van Norman Innovation Park. The Development Commissioner will provide an update at the next meeting. There are no updates on the Wayfinding Signage; this project has been put off due to the amount of projects of higher importance. The Development Commissioner will provide an update at the next meeting. 7.2. Overview of key Economic Development tools and programs Development Commissioner provided an overview of key Economic Development tools and programs. It was noted that the Livingston Centre which offers job development assistance has just experienced a cut in government funding towards its programming. There was discussion surrounding the potential benefits of having a local Centre of Excellence and the challenges of building such a centre. The first Accessibility Renovation Grant has been received and approved at the Council meeting of Monday, April 8, 2019. Applications are available on the Town of Tillsonburg website on the Community Improvement Plan page. It was suggested that the committee could develop a strategic plan for the term. Page 440 of 474 Committee: Economic Development Advisory Committee Page - 3 - of 5 Date: April 9, 2019 It was noted that in previous terms, goals of this committee has included: Industrial land development, business retention, and streamlining processes. The committee noted the following goals: • Retention of existing businesses; • Encourage industry diversification; • Identifying alternative capital options for struggling businesses (i.e. Community Futures Oxford); • Review the Community Strategic Plan; • Review the Economic Development Strategy. The Development Commissioner will compile goals from the Community Strategic Plan, Economic Development Strategy and the Committee’s Terms of Reference to present at the next meeting. It was suggested to use Google docs to allow committee members to share their goals. 7.3. Draft Development Charges Study Based on changes in infrastructure needs, the draft Development Charges Study is showing decreased Development Charges for residential development and commercial development. Currently industrial development is exempt from Development Charges which has been a long time strategic advantage when promoting the Town of Tillsonburg. The study identifies Development Charges for industrial development. Staff to send out link to the delegation request form for the Regional Government Review In-Person Consultation being held on April 16, 2019, between 9:00 a.m. to 4:00 p.m. at the Oxford County Council Chamber, 21 Reeve St., Woodstock, ON. Randy Thornton left at 9:06 a.m. 7.4. Community Strategic Plan 7.4.1. Goals for Committee Term Discussed under item 7.2. Item to be brought forward at the next meeting for further discussion. 7.5. Tillsonburg Hydro Inc. Cedric Tomico made a delegation to Council at the meeting on Monday, April 8, 2019, to raise concerns from the development community in response to the Page 441 of 474 Committee: Economic Development Advisory Committee Page - 4 - of 5 Date: April 9, 2019 decision made by the THI Board of Directors to increase the costs included in the Economic Evaluation Model and to increase the share of these costs paid by the developer. Jesse Goossens on behalf of the Economic Development Advisory Committee, made a deputation to Council at the meeting on Monday, April 8, 2019, to express the committee’s concerns about impacts to competitiveness with respect to the decision made by the THI Board of Directors to increase the costs included in the Economic Evaluation Model and to increase the share of these costs paid by the developer. In response to the committee’s report, Council passed a resolution requesting that the CAO provide an update report for the Council meeting of April 23, 2019, and that a special meeting of the Shareholder of Tillsonburg Hydro Inc. and the Board of Directors of Tillsonburg Hrydo Inc. be called on April 23, 2019, to discuss the Economic Evaluation Model. The CAO report will be provided to the committee at the next meeting and circulated to the development community. 7.6. Town Hall Task Force The RFP was released January 18, 2019, with a response deadline of April 30, 2019. Commercially Confidential Consultations were held April 3, 2019. Deadline for questions is being extended along with the submission deadline to sometime in May, 2019. 8. Committee Organization Updates 8.1. Tillsonburg District Chamber of Commerce There was not a meeting in March. Chamber Travel Trip to Spain is almost full. Registration is still open for the TDCC Golf Tournament on June 20, 2019. The TDCC welcomed four new Directors in January, 2019. The TDCC sent another follow up letter to the THI Board of Directors regarding the increased costs included in the Economic Evaluation Model. 8.2. Downtown Business Improvement Association The BIA Board of Director’s has been working on a Beautification Plan which will be initiated in early May. The Board has also been working with the Turtlefest Committee, as well as working towards improving BIA focal point signage and fixing the WIFI. Page 442 of 474 Committee: Economic Development Advisory Committee Page - 5 - of 5 Date: April 9, 2019 8.3. Tillsonburg District Real Estate Board Lindsay Morgan-Jacko will send out the stats once they become available, and will also send out the Board’s Affordable Housing submission to the Province as information. 8.4. Physician Recruitment No updates. 9. Correspondence 10. Other Business 11. Round table Lindsay Tribble will be attending the Ontario Chamber of Commerce conference in May, 2019. Development Commissioner noted that a currently vacant facility may sell to an end user shortly. Kirby Heckford noted that Tillsonburg Developments Inc (Baldwin Place) will be back in business shortly. Lisa Gilvesy noted that two new coffee businesses are coming to Broadway Mayor Stephen Molnar noted that the MP and MPP will be in attendance at next week’s SCOR meeting. Tax Ratios will be on County Council Agenda for Wednesday, April 10, 2019. Information regarding the Regional Government Review can be found on the Town website. 12. Next Meeting Tuesday, May 14, 2019 at 7:30 a.m. at the Corporate Office in Suite 203, 200 Broadway, Tillsonburg, ON. 13. Adjournment Proposed Resolution #3 Moved by: Lisa Gilvesy Seconded by: Jim Hayes THAT the April 9, 2019 Economic Development Advisory Committee meeting be adjourned at 9:23 a.m. Carried Page 443 of 474 The Corporation of the Town of Tillsonburg Recreation & Sports Advisory Committee April 11, 2019 7:00 p.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Chris Parker, Dace Zvanitajs, Jeff VanRybroeck, Susie Wray, Mike Cole, Don Baxter, Eugene Todd, Carrie Lewis, Kim Sage Absent with Regrets: Also Present: Rick Cox, Sharon Howard – Tillsonburg Rowing Club, Margaret Puhr 1. Call to Order The meeting was called to order at 7:00p.m. 2. Adoption of Agenda Resolution #1 Moved by: Chris Parker Seconded by: Don Baxter THAT the Agenda as prepared for the Recreation & Sports Advisory Committee meeting of April 11, 2019, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: Susie Wray Seconded by: Carrie Lewis THAT the Recreation & Sports Advisory Committee Meeting Minutes of March 7, 2019, be approved. Carried 5. Presentations/Deputations Delegation –Tillsonburg Rowing Club: Sharon Howard, President of the Club – presentation was the same as given to the Council. 6. General Business & Reports 6.1. Future of aquatics in Tillsonburg: Council request resolution. Status report to Council required by June 2019. Page 444 of 474 Committee: Recreation & Parks Advisory Committee Page - 2 - of 2 Date: April 11, 2019 Rick Cox recapped presentation to council by Monteith-Brown Consultants and by MJMA Architects. The committee will be provided with condensed version of these reports for review, to be further discussed at the next meeting or at joint meeting with Memorial Park Revitalization Committee. 6.2. Review of Terms of Reference – deferred to next meeting. Chair will circulate draft. 6.3. Set committee goals – deferred to next meeting 6.4. Hall of Fame 2019 – October 20 is still the date. The sub-committee is trying to find addresses for all the nominees, therefore the nominations have not been sent. 7. Correspondence 8. Other Business – Respect policy deferred to next meeting 9. Next Meeting – May 16, 2019 at 7:00pm 10. Adjournment Resolution #3 Moved by: Don Baxter Seconded by: Dace Zvanitajs THAT the April 11, 2019 [type of meeting] meeting be adjourned at 8:41 p.m. Carried Page 445 of 474 1 TILLSONBURG POLICE SERVICES BOARD Minutes MEETING: GENERAL MEETING PLACE: Tillsonburg, OPP Detachment Boardroom DATE: Wednesday, January 16, 2019 TIME: 8:00 a.m. AGENDA ITEM DISCUSSION OUTCOME/ACTION 1 Call to Order The Chair called the General session of the Board to order at 8:00 am. 2 Attendance Present: Regrets: Larry Scanlan, Chair Ann Loker Greg Horvath, Vice Chair Mayor Steve Molnar Councilor Chris Rosehart Becky Turrill, Secretary Inspector Hymers None 3 Declaration of Pecuniary Interest None declared 4 Approval of Agenda The Agenda was presented to the Board for approval. On motion made by G. Horvath, seconded by Councilor Rosehart, and carried, the Agenda was approved. 5 Issues Arising from previous minutes None 6 Approval of Previous Minutes The Minutes of a meeting of the Board held on December 21, 2018 were presented to the Board for approval. On motion made by G. Horvath, seconded by A. Loker and carried the Minutes of the meeting held on December 21, 2018 were approved. 7 Presentations / Delegations None 8 Correspondence None 9 Financial None 8:03am 8:15am Adjourned to in camera meeting – Election of Chair Return to general meeting Page 446 of 474 2 AGENDA ITEM DISCUSSION OUTCOME/ACTION 10 Detachment Commander Reports OPP contract Policing - Tillsonburg Inspector, Hymers presented the November / December2018 contract statistics and memorandum which reported: 26/58 provincial offences tickets written 16/116 By-law 216/286.5 hours of Cruiser Patrol 64/54.5 hours of Foot Patrol 30.25/44.75 hours of School Patrol Members of the OPP attended 226/294 calls for service. The most serious of these calls were: Theft Under – 18/33, Break & Enter – 5/2, Fraud – 2/4 & Mischief – 11/13. Inspector, Hymers presented the Tickets Written in Tillsonburg for the months of November/December2018 report: Speeding, 0/10 Fail to Stop, 1/7 Plate/Permit/Insurance, 6/17 Trespass/Intox in Public, 4/11 Careless, 2/1 Seatbelt, 0/1 Hand Held Device, 1/3 Fail to Yield / Improper turn, 10/6 By-law, 16/116 Cannabis Act. 1/1 Other, 1/1 Total for November 2018, 26 / December 2018, 58 Inspector, Hymers presented the OPP Auxiliary Monthly Unit Summary for November/December 2018 Total Hours within Tillsonburg for, 193.5/91.5 Crime Stoppers of Oxford Inc. Report Inspector, Hymers presented the report for Oxford Crime Stoppers for October 2018. Monthly Tip Statistics for November/December2018 Total Calls Received, 28/25 Woodstock PS Tips , 17/17 OPP Tips, 9/9 – Tillsonburg received 2/2 Assigned out to other Crime Stoppers Programs , 0/0 Not Assigned, 0/0 Page 447 of 474 3 AGENDA ITEM DISCUSSION OUTCOME/ACTION 10 cont’d Meetings/Events Attended in November Board Meeting – November 13, 2018 & December11, 2018 Media Relations Crime of the week submissions to local media outlets including print and television as well as social media. Fundraising None Promotions January is Crime Stoppers Month Upcoming Events Human Trafficking Awareness Seminar – January 16 Inspector, Hymers presented the High School Resource Officer Month End Report for November /December2018 November, 2018 – Criminal Code CFS Incident Type This Month YTD Total Assault 0 2 Mischief 1 1 Threats/Intimidation 0 1 Theft 1 1 Drugs 0 0 Trouble with Youth 3 5 Other 0 2 Total 5 12 Police Action Taken This Month YTD Total Warnings 0 0 Charges 0 3 Diversions 0 1 Assist Other Officer 0 0 November, 2018 – Provincial Offence CFS Incident Type This Month YTD Total Highway Traffic Act 1 2 Trespass to Property Act 1 3 Liquor Licence Act 0 0 Mental Health Act 1 1 Other Provincial Act 0 0 Total 0 0 Page 448 of 474 4 AGENDA ITEM DISCUSSION OUTCOME/ACTION 10 con’t Meetings/Presentations January: Meeting with VP & Principal regarding Crossover February: Meeting with VP and principal regarding crossover safety School Events November: Wellness Fair, Remembrance Day December: Christmas Luncheon for students, Christmas Assembly Officer Comments November: Continue building relationships with staff and students More Crossover Safety presentations to be conducted February: Continue building relationships with staff and students More Crossover Safety presentations to be conducted Police Action Taken This Month YTD Total Warnings 7 8 Charges 0 3 Diversions 0 1 Assist Other Officer 0 0 11 Committee Reports None 12 OAPSB None 13 Cannabis Retail Council Decision Town of Tillsonburg will allow a Cannabis Retail Outlet OPP Parking Lot Site plan is currently in the 2019 budget. This is a request of the TPSB and not of the Oxford County OPP TPSB 2019 Budget to Council - January 17 On motion made by Mayor Molnar, seconded by G. Horvath, and carried: IT WAS RESOLVED that the budget received November 12 be forwarded through to council. OIC Appointment Extensions Letter from Mayor Molnar to get extension for board members Greg Horvath & Ann Locker. Page 449 of 474 5 AGENDA ITEM DISCUSSION OUTCOME/ACTION 13 Con’t OIC Appointment Extensions – con’t On motion made by Mayor Molnar, seconded by Councillor Rosehart, and carried: IT WAS RESOLVED that Members Locker and Horvath continue to participate in discussion and direction of the board as well as continue to receive their honorarium. Community Safety and Wellbeing Plan More information to come. 14 Date of Next Meeting Wednesday, March 20, 2019 15 Adjournment On motion made by Mayor Molnar, seconded by G. Horvath and carried, the meeting was adjourned at 9:09 a.m. __________________________________ __________________________________ Larry Scanlan, Chair Becky Turrill, Secretary Page 450 of 474 Page 451 of 474 Page 452 of 474 Page 453 of 474 Page 454 of 474 Page 455 of 474 Page 456 of 474 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4269 A BY-LAW to amend By-Law 3666, to Govern the Licensing of Businesses within the Town of Tillsonburg. WHEREAS The Corporation of the Town of Tillsonburg deems it necessary and expedient to amend the Town’s Business Licensing by-law to include an Ice Cream Truck or Ice Cream Bicycle as a Licenced Business in the Town of Tillsonburg; WHEREAS Section 150 & 151 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, without limiting the broad powers granted to municipalities through sections 9, 10 and 11 of the Municipal Act, 2001, c. 25 provides that a local municipality may licence, regulate and govern any business wholly or partly carried on within the municipality for one or more of the following purposes: health and safety, nuisance control or consumer protection; AND WHEREAS Sections150 to 159 of the Municipal Act, apply to municipalities in the exercise of a power to pass by-laws licensing businesses under any section of this Act or any other Act. 2006, c. 32, Sched. A, s. 82. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tillsonburg enacts as follows: 2.0 DEFINITIONS “ice cream bicycle" means an insulated container for storing and transporting frozen ice cream, propelled totally by muscular power without motorized assistance and from which ice cream and other frozen confections may be sold. “ice cream truck" means a vehicle modified to transport frozen ice cream from place to place, which is duly licensed by the Ministry of Transportation and is capable of being driven on highways or within municipalities and from which ice cream and other frozen confections may be sold. 1. THAT Section 7.0 FOOD VENDING shall be amended as follows: 7.7 No person shall operate a competing refreshment vehicle, refreshment stand, Ice Cream Truck or Bicycle within 8 metres (26 feet) of any other refreshment vehicle, refreshment stand or Ice Cream Vehicle/Stand or within 8 metres (26 feet) of the vehicular entrance to the property or in any location which will obstruct the flow of vehicles. 7.11 Provisions Applicable to Ice Cream Trucks and Ice Cream Bicycles No person shall operate an ice cream truck or an ice cream bicycle from which is sold: - heated or cooked food - milk or any beverages - any goods, wares or merchandise or other item other than ice cream, and frozen refreshments. 7.12 Despite Section 7.3 & 7.4, ice cream vehicles may be permitted to operate on municipal property, including road allowances and municipal parks. 7.13 No person shall operate or permit the operation of an ice cream vehicle on any travelled portion of a road allowance within the BIA area. 7.14 All persons shall operate or permit the operation of an ice cream truck or bicycle in accordance with the Highway Traffic Act (HTA) and cycling guidelines set out by the Ministry of Transportation. Page 457 of 474 Insurance 7.15 No person shall operate an ice cream truck or ice cream bicycle unless he takes out and keeps in force during such operation a comprehensive policy of public liability and property damage insurance acceptable to the Licensing Officer. 7.16 The policy shall, at a minimum, provide insurance coverage in respect of any one accident to the limit of five million dollars ($5,000,000) exclusive of interest and costs, against loss or damage resulting from bodily injury to, or death of one (1) or more persons and loss of, or damage to, property. 7.17 Such policy or policies shall be in the name of the owner and shall name The Corporation of the Town of Tillsonburg as an additional insured thereunder, and shall state that The Corporation of the Town of Tillsonburg shall be indemnified by the owner of the licence so that if a law suit is filed against the Town, notwithstanding that the operator or owner of the licence had general liability insurance, the operator or owner of the licence or vehicle will be required to pay to the Town any and all costs it incurred, or losses suffered by the Town, as a result of any legal proceeding. All policy or policies shall also contain a cross- liability of interest clause protecting the Town against any actions, causes of actions, claims and demands whatsoever which may arise resulting from the Town’s issuance of the permit to use the designated area. 7.18 The proof of insurance shall include a provision that the licensing officer will be given at least ten day’s notice in writing of any cancellation, expiration or variation in the policy. 7.19 No person shall fail to have the proof of insurance with him while operating a refreshment vehicle or refreshment stand 2. THAT these amendments to By-Law 3666 are hereby declared to be part of that By- Law as if written therein. 3. This By-Law shall come into full force and take effect upon the final passing hereof. READ A FIRST AND SECOND TIME THIS 23rd DAY OF APRIL, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF APRIL, 2019. _______________________________ Mayor – Stephen Molnar ________________________________ Town Clerk – Donna Wilson Page 458 of 474 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4293 A BY-LAW To Regulate the Sale, Display And Discharge of Fireworks within The Town of Tillsonburg, and to repeal By-Law 3510. WHEREAS section 9 of the Municipal Act, S.O. 2001, c. 25 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS section 121 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a local municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks, and further that a by-law may prohibit those activities unless a permit is obtained for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans; AND WHEREAS section 151 of the Municipal Act, 2001, c. 25, as amended provides that a local municipality may establish a system of licences with respect to a business; AND WHEREAS subsection 7.1 (1) of the Fire Protection and Prevention Act, 1997, c. 4, as amended provides that a council of a municipality may pass by-laws regulating fire prevention, including the prevention of spreading fires; AND WHEREAS the Council of The Corporation of the Town of Tillsonburg deems it necessary to regulate the sale and setting off of fireworks, NOW THERFORE the Council of the Corporation of the Town of Tillsonburg hereby enacts as follows: 1. Short Title 1.1. This By-Law shall be known as the "Fireworks By-Law". 2. Definitions "Act" means the Explosives Act (R.S., 1985, c. E-17) (Canada) and the regulations enacted there under. “Applicable Laws” means any and all applicable federal, provincial, or municipal laws, statutes, by-laws, rules, regulations, policies, orders, directives and codes, including, but not limited to, the Explosives Act, the Fire Protection and Prevention Act, 1997, the Fire Code, and the Transportation of Dangerous Goods Act, 1992 (1992, c.34), as each may be amended from time to time. "Chief Fire Official" means the Chief Fire Official of the Town of Tillsonburg appointed under the authority of the Fire Prevention and Protection Act, or designate. "Consumer Fireworks" means low hazard recreational fireworks (Canadian class 7.2.1 / F.1) such as small fountains, volcanoes, pinwheels, cakes, preload articles, sparklers and Roman Candles, and other similar devices. “Corporation” means a corporation incorporated pursuant to the Business Corporations Act, as amended, the Corporations Act, as amended, or the Canadian Business Corporations Act, R.S.C. 1985, c. C-44, as amended. “Discharge” means when used in relation for fireworks, prohibited fireworks and firecrackers, includes firing, igniting, exploding and setting off such articles. “Display Assistant” means a Person who has successfully completed the Display Fireworks Safety and Legal Awareness course and who works under the direct supervision of the Supervisor in Charge to put on outdoor fireworks displays. Page 459 of 474 "Display Fireworks" means high hazard fireworks (Canadian class 7.2.2 / F.2), such as aerial shells, mines and larger Roman Candles, designed for use at public gatherings. Only Supervisors in Charge are permitted to fire display fireworks. "Display Fireworks Manual" means the display fireworks manual as published from time to time by the Explosives Branch of Natural Resources Canada, or any publication in substitution therefor that applies to display fireworks. "Display Supervisor" means a person who has certification of basic proficiency in the field of fireworks. “Explosives Act” means the Explosives Act (R.S. 1985, c.E-17) and the regulations enacted thereunder from time to time or any Act or Regulations enacted in substitution therefor. “Explosives Regulations” means the Explosives Regulations, C.R.C., c.599, as amended, issued under the Explosives Act, and any regulations enacted from time to time in substitution therefor. “Fire Chief” means the Chief Fire Official (Fire Chief) of the Town of Tillsonburg appointed under the authority of the Fire Prevention and Protection Act, or designate. “Fire Code” means Ontario Regulation 213/07 made under Part IV of the Fire Protection and Prevention Act, 1997, as may be amended from time to time, and any regulations enacted from time to time in substitution therefor. “Fire Prevention Inspector” means a fire prevention inspector for the Town of Tillsonburg and includes an Assistant to the Fire Marshal. “Fire Protection and Prevention Act” means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, and any regulations enacted thereunder from time to time or any act or regulations enacted in substitution therefor. "Firecracker" means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion but does not include paper caps containing not more than 0.25 of a grain of explosive or average per cap, devices for use with such caps, safety flare, or marine rockets. "Fireworks" means a device that explodes or burns to produce visual or sound effects, including Display Fireworks, Pyrotechnic Special Effects Fireworks and Consumer Fireworks. "License" means a license or permit issued by the Licensing Officer for the Corporation of the Town of Tillsonburg. "Licensing Officer" means the Clerk of the Town of Tillsonburg , or designate. "Municipal Law Enforcement Officer" means a person appointed by the Council for the Town of Tillsonburg for the purpose of enforcing Municipal by-laws and for the purposes of this By-Law shall include the Ontario Provincial Police or any other police agency. “Net Explosive Quantity (NEQ)” means the mass of the explosives excluding the mass of any packaging or container. If the net explosive quantity cannot reasonably be determined for any Consumer Fireworks, the net explosive quantity is calculated as 25% of the gross mass of the article. "Owner" means the Person who owns the Property and, for the purposes of this By- Law, shall include any owner, occupant, tenant or lessee. "Person" means the Owner and may also include any individual, company, Page 460 of 474 corporation, partnership, firm, trust, sole proprietorship, government or government agency, authority or entity, however constituted, joint venture, syndicate or any other legal entity, and includes all successors, assigns or other legal representatives of any such entities. A person shall not include a Display Supervisor or Pyrotechnician as defined in this By-Law. “Prohibited Fireworks” means any fireworks that are not included on the most recent list of authorized fireworks as published from time to time by the Explosives Regulatory Division of Natural Resources Canada, or their successors, and includes, but is not limited to, cigarette loads or pings, exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry bombs, M-80 and silver salutes and flash crackers; throw down and step on torpedoes, and crackling balls, exploding golf balls, stink bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and battle sky rockets, and fake firecrackers. "Property" means any parcel of land or registered water lot and, without limiting the generality of the foregoing, shall means lands and premises appurtenant to a building or structure whether residential or commercial and includes any building, structure mobile buildings, mobile structures, temporary mobile retail outlets and vacant land. "Pyrotechnics" means the science of materials capable of undergoing self- contained and self-sustained exothermic chemical reactions for the productions of heat, light, gas, smoke and/or sound. "Pyrotechnic Special Effect" includes explosives used to produce a special effect in a film or television production or a performance before a live audience; explosives which may be classified as type F.3 in the Act; fireworks accessories which may be classified as type F.4 in the Act; black powder and hazard category PE 1 black powder substitutes; smokeless black powder and hazard category PE 3 black powder substitutes; initiation systems classified as type I under the Act such as blasting accessories; and detonating cord classified as type E.1 under the Act. "Pyrotechnician" means the person certified by Natural Resources Canada to conduct a public or private Pyrotechnic Special Effects Display. "Retail Sale" includes offering for sale, causing or permitting to be sold and possessing for the purpose of sale other than wholesale. “Retail Outlet” means a building or part of a building, booth, stall, tent, trailer, place or other movable, temporary shelter used for the purposes of the sale of consumer fireworks that meets the requirements of the Explosives Act, but does not include a motorized vehicle. "Vehicle" shall include a motor vehicle, trailer, recreational vehicle, camper, all terrain vehicle, mobile home, boat, watercraft, traction engine, farm tractor, road- building machine and a vehicle drawn, propelled or driven by any kind of power, including a motorized snow vehicle, or the cars of electric or steam railways running only upon rails. “Special Effects Pyrotechnics Manual” means the manual released by Natural Resources Canada: Explosives Regulatory Division as amended or any publication in substitution therefor that applies to Pyrotechnic Special Effects. “Town” or “Town of Tillsonburg” means The Corporation of the Town of Tillsonburg or the geographic area of the Town of Tillsonburg as the context requires. 3. General Provisions 3.1. Application 3.1.1. This By-law applies to all lands and premises within the Town of Page 461 of 474 Tillsonburg. 3.1.2. This By-law does not apply to the following recreational low hazard fireworks of Class 7, Subdivision 1 of Division 2 of the Explosives Regulations: Christmas crackers and paper caps for toy guns containing not more than 0.25 of a grain of explosives on average per cap. 3.1.3. This By-law does not apply to the following low hazard fireworks having a practical use: highway safety flares, fuses and other small distress signals classed as Class 7, Subdivision 4 of Division 2 of the Explosives Regulations. 3.1.4. This By-Law does not apply to the sale by wholesale of fireworks. 3.2. Prohibitions - General 3.1.1. No Person shall store, handle, sell, or display Fireworks within the Town of Tillsonburg except in accordance with the Act and the provisions of this By-Law. 3.1.2. No Person shall discharge any fireworks within the Town of Tillsonburg except in accordance with this By-law. 3.1.3. No Person shall store, handle, sell, or display Fireworks except in the Central Commercial (CC) or Service Commercial (SC) zones. 3.1.4. No Person shall store, handle, sell, or display Fireworks unless permitted by the Town of Tillsonburg to do so. No Person under the age of eighteen (18) years shall possess Fireworks. 3.1.5. No Person shall store for sale, display, sell or discharge fireworks within the Town of Tillsonburg in a manner contrary to the Criminal Code, R.S., 1985, c.C-46, as amended, the Explosives Act, the Fire Protection and Prevention Act, 1997 or any other applicable laws. If any provision in this By-law conflicts with the Explosives Act, the more stringent requirements will prevail. 3.2. Prohibitions - Firecrackers 3.2.1. No Person shall offer for sale, cause to be sold, or sell Firecrackers. 3.2.2. No Person shall set off, or cause to be set off any Firecrackers. 3.2.3. No Person shall possess Firecrackers. 4. Consumer Fireworks 4.1. Consumer Fireworks – Sale 4.1.1. No Person shall sell any Consumer Fireworks to any Person under the age of eighteen (18) years. 4.1.2. No Person shall display and/or sell any Consumer Fireworks except on Canada Day, Labour Day, New Year's Eve, and on the day fixed by proclamation for the observance of Victoria Day, or any other such day as is proclaimed by the Town of Tillsonburg as a suitable patriotic celebration, and the proceeding seven (7) days in each case. 4.1.3. No Person shall advertise the sale of Consumer Fireworks except on Canada Day, Labour Day, New Year's Eve, and on the day fixed by proclamation for the observance of Victoria Day, or any other such day as is proclaimed by the Town of Tillsonburg as a suitable patriotic celebration, and the preceding twenty-one (21) days in each case. 4.1.4. No Person shall sell to any person any Consumer Fireworks, of a type or the setting off of which is prohibited by the provisions of this By-Law or the Act. 4.1.5. No Person shall display, sell or offer or expose for sale any Consumer Fireworks without first obtaining a License to do so from the Licensing Office by completing in its entirety a "Retail of Consumer Fireworks Application " and such License application is approved by the Chief Fire Official and after paying the appropriate non-refundable application fees as set out in the current Town of Tillsonburg Rates and Fees By-Law. Said License is non-transferable by owner and/or location or premise. 4.1.6. The holder of a License issued under Subsection 4.1.5. shall prominently display the License in the place of business where the Fireworks are being offered for sale and such License shall be produced to any Municipal Law Enforcement Officer or Fire Prevention Inspector upon request. Page 462 of 474 4.1.7. A License issued under Subsection 4.1.5. shall be valid only for the duration of the calendar year in which it was issued. 4.1.8. Upon receiving written authorization by the Chief Fire Official pursuant to this By-law, a Permit issued under Subsection 4.1.5. can be renewed for additional calendar year(s). Said renewal can only be granted upon completing and submitting a renewal application to the Chief Fire Official and after paying the appropriate non-refundable renewal application fee(s) as set out in the current Town of Tillsonburg Rates and Fees By-law. Said License renewal is non-transferable by owner and/or location or premise. 4.1.9. Every Person displaying or storing Fireworks shall post a clearly visible sign prohibiting smoking in letters or symbols at least 100 mm high in the display area and on each door to the storage unit, or on the container being used as a storage unit. 4.1.10. No Person shall smoke or use an open flame, such as a light, match or torch, in a room or space where Fireworks are stored or displayed or in any case less than three (3) metres from any fireworks. 4.2. Consumer Fireworks – Discharging 4.2.1. No Person shall ignite, set off or have a display of Consumer Fireworks on any Property unless such Person is the owner of that Property or has written permission to do so by the owner of such Property. 4.2.2. No Person shall ignite, set off of have a display of Consumer Fireworks without the supervision of a responsible Person of at least eighteen (18) years of age. 4.2.3. The Person in Subsection 4.2.2. shall have the necessary means readily at hand to summons the Fire Department. 4.2.4. No Person shall ignite, discharge or set off any Consumer Fireworks into or inside of any building, structure, vehicle, or on any other place of Property where such ignition, discharge or setting off may create a nuisance or safety hazard to any Person or Property. 4.2.5. No Person shall ignite, discharge or set off any Consumer Fireworks into or on Municipal Property including without limitation, streets, lanes, squares or other public places without written approval of the Licensing Officer. 4.2.6. No Person shall ignite, discharge or set off any Consumer Fireworks off of, or from the roof of any building or structure, or anywhere with less clearance to persons and combustible property as is prescribed by the manufacturer on the exterior of the firework article without written approval of the Chief Fire Official or designate. 4.2.7. No Person shall ignite, discharge or set off any Consumer Fireworks after the hour of 11 p.m. local time on the day of, two (2) days previous to, or two (2) days following the days established by Section 4.1.2. 4.2.8. A Display Supervisor may make application to use Consumer Fireworks outside of the dates established in Subsection 4.1.7. by following the procedures established by Section 5.2. 5. Display Fireworks 5.1. Display Fireworks – Sale 5.1.1. No Person shall sell any Display Fireworks to any Person under the age of eighteen (18) years or to any Person unless they are qualified as a Display Supervisor. 5.2. Display Fireworks – Event Approval 5.2.1. No Person shall ignite, set off, or have a display of Display Fireworks without first obtaining a License to do so from the Chief Fire Official by completing in its entirety the current "Display Fireworks Event Form" and such Town of Tillsonburg Special Events application , and after paying the appropriate non-refundable application fees as set out in the Town of Tillsonburg Fees By-Law. 5.2.2. No Person shall ignite, set off, or have a display of Display Fireworks except in accordance with the information provided on the "Display Fireworks Event Form" required in Subsection 5.2.1. Page 463 of 474 5.2.3. Every application shall be made not less than twenty-one (21) days prior to the setting off of the Display Fife works. 5.2.4. Every application for a License must include proof of liability insurance coverage for the setting off or holding of a display of Display Fireworks in the minimum amount of $5,000,000 and shall name the Town of Tillsonburg as an additional named insured. 5.2.5. Every application shall state the name and contact information in which the License is to be issued, state the date, time, and location or site of the setting of the Display Fireworks and state the name and phone number of the Display Supervisor. 5.3. Display Fireworks – Discharging 5.3.1. No Person shall ignite, set off, or have a display of Display Fireworks on any Property unless such person is the owner of the Property or has written permission to do so by the owner of that Property. 5.3.2. No Person shall ignite, set off, or have a display of Display Fireworks unless such Person is qualified as a certified Display Supervisor with applicable endorsements, if any. 5.3.3. A Display Supervisor shall produce a current certificate of qualification as issued by the Explosive Regulatory Division upon the request of any Municipal Law Enforcement Officer or Fire Prevention Inspector. 5.3.4. No Person shall ignite, set off, or have a display of Display Fireworks unless there is provided and maintained fully operational fire extinguishing equipment, ready for immediate use and present at all times and for a reasonable period thereafter at the location or site of the discharge of Display Fireworks. 5.3.5. No Person shall transport, setup, ignite, or operate Display Fireworks except in accordance with the requirements outlined in the Display Fireworks Manual and this By-Law. 5.3.6. Upon conclusion of the display, the Display Supervisor shall walk the display site and fallout area. Any unused fireworks and all debris resulting there from shall be removed immediately and safely disposed of by the License holder. 6. Pyrotechnics 6.1. No Person shall conduct an event including Pyrotechnic Special Effects without the approval of the Chief Fire Official or designate. 6.2. No Person shall transport, setup, ignite, or operate Pyrotechnic Special Effects without having first obtained a Permit issued by the Fire Chief authorizing the display of Pyrotechnic Special Effects. All displays of Pyrotechnic Special Effects shall be in accordance with the requirements outlined in the Special Effects Pyrotechnics Manual. 6.3. No Person shall transport, setup, ignite, or operate Pyrotechnic Special Effects without having first obtained a Permit issued by the Fire Chief authorizing the display of Pyrotechnic Special Effects. All displays of Pyrotechnic Special Effects shall be in accordance with the requirements outlined in the Special Effects Pyrotechnics Manual. 6.4. An application for event approval shall be made using a current "Pyrotechnic Special Event Approval Form" approve by the Chief Fire Official, a "Pyro Effects plan" for live entertainment containing the requirements as set out by the Chief Fire Official of a "Letter of Intent" for film productions containing the requirements as required by the Chief Fire Official, and a letter from the venue's owner or agent granting permission for the use of pyrotechnics special effects. All forms must be submitted to the Chief Fire Official at least 1 month prior to the event, and after paying the appropriate non-refundable application fees as set out in the current Town of Tillsonburg Rates and Fees By-Law. 6.5. No person who discharges pyrotechnics shall fail to: 6.5.1. comply with all conditions set out in the Pyrotechnic Special Event Approval; 6.5.2. take all steps reasonably necessary, as would a reasonable and Page 464 of 474 prudent person, to ensure no harm to persons or property; 6.5.3. conform to the provisions of the Explosives Act and the Special Effects Pyrotechnics Manual that apply to the discharge of pyrotechnics authorized in the Pyrotechnic Special Event Approval; 6.5.4. ensure that adequate fire prevention measures and equipment, conforming to the requirements of the Special Effects Pyrotechnics Manual, are available at the discharge location; 6.5.5. ensure that persons present at the discharge of pyrotechnics are kept at a safe distance from the location of the discharge of pyrotechnics as outlined in the Special Effects Pyrotechnics Manual; 6.5.6. produce the Pyrotechnic Special Event Approval on demand by any person authorized to enforce this By-law; and 6.5.7. Immediately after the pyrotechnics have been discharged, inspect the site and: 6.5.7.1. remove all unused or partly used pyrotechnics and debris from the site; 6.5.7.2. return the site to its pre-event condition. 6.5.8. Every Pyrotechnic Special Event Approval shall include and be subject to the following conditions: 6.5.8.1. The Pyrotechnic Special Event Approval holder shall only discharge the pyrotechnics at the date, time, location and discharge site shown of the pyrotechnic Special Event Approval form; 6.5.8.2. No Person, except a pyrotechnician, shall discharge pyrotechnics; 6.5.8.3. The pyrotechnician who is named on the Pyrotechnic Special Event Approval form shall be present in person at the site specified in the Pyrotechnic Special Event Approval at all times during which the pyrotechnics are being set up, discharged and cleaned up; and 6.5.8.4. The Pyrotechnic Special Event Approval form shall conform to the provisions of the Explosives Act and the Special Effects Pyrotechnics Manual that apply to the discharge of pyrotechnics authorized in the permit and all other applicable laws. 7. Enforcement and Inspections 7.1. The enforcement rights of law enforcement officers under this By-law are in addition to, and do not limit any enforcement rights under any other legislation, including, without limitation, any rights of inspection, seizure rights or rights to issue orders of compliance or close and prevent entry to land or premises under the Fire Protection and Prevention Act, 1997. 7.2. Any Municipal Law Enforcement Officer shall determine what shall constitute a health, fire or safety hazard. 7.3. Any Municipal Law Enforcement Officer, the Chief Fire Official or designate, or the Licensing Officer may revoke a License issued pursuant to this By-Law at any time. Terms and conditions of the Town of Tillsonburg Licensing By-Law as amended shall apply to Licenses issued under this By-Law. 7.4. In the case of a health, fire or safety hazard, any Municipal Law Enforcement Officer may compel that said hazard be removed forthwith without notice. 7.5. Subject to compliance with section 436 of the Municipal Act, 2001, a municipal law enforcement officer may enter on a property at any reasonable time for the purpose of carrying out an inspection to determine whether or not this By-law, including a condition of a Permit issued under this By-law, or that an order or direction of the Town of Tillsonburg or a law enforcement officer issued in accordance with this By-law is being complied with. 7.6. For the purposes of any inspection, a municipal law enforcement officer may: Page 465 of 474 7.6.1. require the production for inspection of documents or things relevant to the inspection; 7.6.2. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; 7.6.3. require information from any person concerning a matter related to the inspection; and 7.6.4. alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 7.7. No person shall fail or refuse to comply with a request from a Municipal Law Enforcement Officer to produce for inspection any documents or thing or information relevant to the inspection carried out by the Municipal Law Enforcement Officer in accordance with this By-law. 7.8. A Municipal Law Enforcement Officer may, where the Municipal Law Enforcement Officer has been prevented or is likely to be prevented from exercising his or her powers under this By-law, undertake an inspection pursuant to an order issued under section 438 of the Municipal Act, 2001. 8. Penalty Every Person who contravenes this By-Law is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act, R.S.O. 1990, as amended. 9. Severability In the event that any of the provisions of this By-Law are deemed ultra vires by any Court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. 10. Repeal Former By-law No. 3510 11. Effective Date This By-Law shall come into force and take effect immediately upon the final passing thereof. READ A FIRST AND SECOND TIME THIS 23rd day of April, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 23rd day of April, 2019. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 466 of 474 THE COPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4294 A BY-LAW To Amend Schedule A of By-Law 4251, a Schedule of Fees for certain Municipal applications, service and permits. WHEREAS the Council of the Corporation of the Town of Tillsonburg deems it necessary and expedient to amend Schedule A of By-Law 4251. NOW THEREFORE the Council of the Corporation of the Town of Tillsonburg enacts as follows: 1. That Schedule A of By-Law 4251 be amended as attached hereto; 2. That these amendments to Schedule A of By-Law 4251 are hereby declared to be part of that By-Law as if written therein; 3. And that this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 23rd day of April, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 23rd day of April, 2019. _______________________ Mayor – Stephen Molnar _______________________ Town Clerk – Donna Wilson Page 467 of 474 Building-Bylaw-Clerks-Planning Item 2018 Fee Proposed 2019 Fee % Change Tax Notes Animal Control Boarding Fee Cat 25.00 25.00 0%HST As per Animal Control Contract Boarding Fee Dog 25.00 25.00 0%HST As per Animal Control Contract Call out fee for service 105.00 110.00 5%HST As per Animal Control Contract Dog license - spayed or neutered before March 31 (discounted)17.00 17.00 0%Exempt Schedule V Part VI (ETA)- Exempt Dog license - spayed neutered after March 31 35.00 35.00 0%Exempt Schedule V Part VI (ETA)- Exempt ($5.00 towards dog park and balance to recover staff cost to follow-up outstanding accounts and to administer) Dog license - intact - before March 31 (discounted)22.00 22.00 0%Exempt Schedule V Part VI (ETA)- Exempt Dog license - intact - after March 31 40.00 40.00 0%Exempt Schedule V Part VI (ETA)- Exempt ($5.00 towards dog park and balance to recover staff cost to follow-up outstanding accounts and to administer) Cat license - spayed or neutered before March 31 15.00 15.00 0%Exempt Schedule V Part VI (ETA)- Exempt Cat license - spayed neutered after March 31 20.00 20.00 0%Exempt Schedule V Part VI (ETA)- Exempt Cat license - intact - before March 31 20.00 20.00 0%Exempt Schedule V Part VI (ETA)- Exempt Cat license - intact - after March 31 25.00 25.00 0%Exempt Schedule V Part VI (ETA)- Exempt Cat/dog license - replacement 5.00 5.00 0%Exempt Schedule V Part VI (ETA)- Exempt Euthanasia and Disposal - Cat 63.00 60.00 -5%HST As per Animal Control Contract Euthanasia and Disposal - Dog 80.00 80.00 0%HST As per Animal Control Contract Live Trap Placement 105.00 110.00 5%HST As per Animal Control Contract Muzzle Order Appeal - 200.00 NEW Exempt By-law Enforcement Invoice admin processing fee 225.00 250.00 11%HST Issue Order 100.00 125.00 25%HST Re-issuance of Permit/License/Document 50.00 50.00 0%Exempt Schedule V Part VI (ETA)- Exempt Fortification By-Law Exemption Application - single family dwelling or not-for- profit organization 150.00 150.00 0%HST Fortification By-Law Exemption Application - Multi-Residential, Commercial, Industrial 400.00 400.00 0%HST Property Standards Appeal 125.00 350.00 180%Exempt Noise By-Law Exemption Permit - Minor - 250.00 NEW Exempt Noise By-law Exemption Permit - Major - 375.00 NEW Exempt 1 Page 468 of 474 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4295 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R1A’ ‘R1A-18’, ‘R1A-19’, ‘R1A-20’, ‘R2’, ‘R2-14’, ‘R2-15’, and ‘R3-13’ the zone symbols of the lands so designated ‘R1A’ ‘R1A-18’, ‘R1A-19’, ‘R1A-20’, ‘R2’, ‘R2-14’, ‘R2-15’, and ‘R3-13’ on Schedule “A” attached hereto. 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 23rd day of April, 2019. READ a third time and finally passed this 23rd day of April, 2019. MAYOR – Stephen Molnar TOWN CLERK – Donna Wilson Page 469 of 474 DENRICHAVEWILSON AVE.DENRICH AVE.R3-13R2-15 R1A-19R2-14 R1A-18R1A-20 R1A-20 DEREHAM DR JANEST QUARTER TOWN LINELOWRIE C R E SB L O C K 8 1R E G P L A N 4 1 M - 3 2 9 PT OF BLOCK 81, REGISTERED PLAN 41M-329TOWN OF TILLSONBURG AREA OF ZONE CHANGETO R1A-18 NOTE: ALL DIMENSIONS IN METRES MAYOR - Stephen Molnar TOWN CLERK - Donna Wilson THIS IS SCHEDULE "A" TO BY-LAW No. 4295, PASSED THE 23rd DAY OF APRIL, 2019. SCHEDULE "A" TO BY-LAW No. 4295 © 25 0 25 50 7512.5 METRES AREA OF ZONE CHANGETO R1A-19AREA OF ZONE CHANGETO R1A-20AREA OF ZONE CHANGETO R2-14AREA OF ZONE CHANGETO R2-15AREA OF ZONE CHANGETO R3-13 R1A-20 R1A-18 R1A-19 R2-15 R3-13 R2-14 Page 470 of 474 THE CORPORATION OF THE TOWN OF TILLSONBURNG BY-LAW NUMBER 4296 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to “R1” the zone symbol of the lands so designated “R1” on Schedule “A” attached hereto. 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 23th day of April, 2019. READ a third time and finally passed this 23th day of April, 2019. MAYOR – Stephen Molnar TOWN CLERK – Donna WIlson Page 471 of 474 NE ANGLELOT 8, CON 12 13.2813.28N11°23'30"W 60.9691.44 N79°19'55"E 91.44 L O T 8C O N C E S S I O N 1 2QUARTER TOWN LINECONCESSION ST W PT OF LOT 8, CONCESSION 12 (DEREHAM)TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R1 NOTE: ALL DIMENSIONS IN METRES MAYOR - Stephen Molnar TOWN CLERK - Donna Wilson THIS IS SCHEDULE "A" TO BY-LAW No. 4296, PASSED THE 23rd DAY OF APRIL, 2019 SCHEDULE "A" TO BY-LAW No. 4296 © 7.5 0 7.5 15 22.53.75 METRES Page 472 of 474 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4297 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Section 12.4.9 to By-Law Number 3295, as amended, is hereby deleted and replaced with the following; “12.4.9 LOCATION: WEST SIDE OF ROLPH STREET, NORTH OF BROCK STREET EAST– LOT 761, PART OF LOTS 763 & 764A, PLAN 500, EC-9 (KEY MAP 27) 12.4.9.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any EC-9 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Section 12.1. 12.4.9.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any EC-9 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 12.4.9.2.1 DWELLING UNITS BELOW GRADE Notwithstanding any provisions of this By-Law to the contrary, on lands zoned EC-9, a dwelling unit may be permitted in a basement that has a floor level not more than 1.6 m (5.2 ft) below the adjacent finished grade. 12.4.9.2.2 MAXIMUM NUMBER OF DWELLING UNITS 47 12.4.9.2.3 MINIMUM GROSS FLOOR AREA PER UNIT Notwithstanding any provisions of this By-Law to the contrary, on lands zoned EC-9, a maximum of 3 dwelling units may be permitted with a minimum gross floor area of 26.6 m2 (286 ft2). 12.4.9.3 That all of the provisions of the EC Zone in Section 12.2 of this By- Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 23th day of April, 2019. READ a third time and finally passed this 23th day of April, 2019. MAYOR – Stephen Molnar TOWN CLERK – Donna Wilson Page 473 of 474 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4298 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 23rd day of April, 2019. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on April 23, 2019, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 23rd DAY OF April, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF April, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson Page 474 of 474