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200113 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Monday, January 13, 2020 6:00 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session 3.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of Monday, January 13, 2020, 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 #2 Moved By: ________________ Seconded By: ________________ THAT the Minutes of the Council meeting of December 9, 2019, be approved. 7.Presentations 7.1 AODA Timelines Presented by: Ben Kropp, Vice President, Government Relations, Occupational Safety Group, Inc. Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council receives the presentation regarding AODA Timelines, as information. 8.Public Meetings 9.Planning Applications 10.Delegations 10.1 Tillsonburg BIA Budget Request Presented by: Mark Renaud, BIA Executive Director, Cedric Tomico, BIA Board Chair and Karlee Slattery, BIA Events & Marketing Co-ordinator Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council receives the 2020 BIA Budget Request, as information. 10.2 Family Day 2020 Presented by: Brent Shepherd Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council receives the delegation regarding Family Day 2020, as information. 11.Deputation(s) on Committee Reports 12.Information Items 13.Staff Reports 13.1 Chief Administrative Officer 13.1.1 CAO 20-01 Council Committee for Community Fundraising Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Report 20-01, Council Committee for Community Fundraising be received; Page 2 of 295 AND THAT Council establish a Committee made up of three members of Council that will engage with local community groups and service clubs to explore opportunities and commitments to raise funds towards community facilities in Tillsonburg. AND THAT Council appoint Council members ___________________ , __________________ and _________________ to the Council Committee for Community Fundraising; AND THAT the CAO annually assign two members of the Senior Leadership Team to act as a resource to the Committee. AND THAT Council approve the draft terms of reference as provided. 13.2 Clerk's Office 13.2.1 CLK 20-01 Committee Appointments Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council receives Report CLK 20-01 Committee Appointments; AND THAT By-Law 2020-002 to Amend Schedule A of By-Law 4247, be brought forward for Council consideration. 13.2.2 CLK 20-02 2019-2023 Multi-Year Accessibility Plan Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT Council receives Report CLK 20-02 2019-2023 Multi-Year Accessibility Plan; AND THAT Council adopts the Town of Tillsonburg 2019-2023 Multi-Year Accessibility Plan attached hereto as Appendix A. 13.3 Development and Communication Services 13.4 Finance 13.4.1 FIN 20-01 2020 Interim Tax Levy By-Law Proposed Resolution #9 Moved By: ________________ Page 3 of 295 Seconded By: ________________ THAT Council receives Report FIN 20-01 2020 Interim Tax Levy By-Law; AND THAT the 2020 Interim Tax Levy By-Law 2020-003 be brought forward for Council consideration. 13.4.2 FIN 20-03 Reserve Policy Admendment Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receives Report FIN 20-03 Reserve Policy Amendment; AND THAT By-Law 2020-008 be brought forward for Council’s consideration. 13.4.3 FIN 20-04 Revised 2020 Rates and Fees By-Law Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives the Revised 2020 Rates and Fees Schedule; AND THAT By-Law 2020-001 be brought forward for a third and final reading. 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 20-01 Investing in Canada Infrastructure Program Transfer Payment Agreement Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receive Report OPS 20-01 Investing in Canada Infrastructure Program Transfer Payment Agreement; AND THAT a By-law authorizing the Mayor and Clerk to execute the Transfer Payment Agreement with the Province of Ontario be brought forward for Council consideration. 13.7 Recreation, Culture & Park Services 14.New Business Page 4 of 295 15.Consideration of Committee Minutes 15.1 Committee Minutes Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receives the Parks, Beautification and Cemetery Committee minutes dated November 14, 2019, the Dog Park Advisory Committee minutes dated November 21, 2019, the Economic Development Advisory Committee minutes dated December 10, 2019, the Accessibility Advisory Committee minutes dated December 10, 2019, the Transit Advisory Committee minutes dated December 17, 2019, and the Museum Advisory Committee minutes dated December 19, 2019 as information. 15.2 LPRCA Minutes Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receive the Long Point Region Conservation Authority Board of Directors minutes dated November 6, 2019, as information. 16.Motions/Notice of Motions 17.Resolutions/Resolutions Resulting from Closed Session 18.By-Laws 18.1 By-Law 2020-001, To Provide a Schedule of Fees for certain Municipal applications, services and permits Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT By-Law 2020-001, To Provide a Schedule of Fees for certain Municipal applications, services and permits be read for a 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. 18.2 By-Law 2020-002 To Amend Schedule A of By-Law 4247 (Committee Appointments) 18.3 By-Law 2020-003, To Provide for an Interim Tax Levy for the year 2020 Page 5 of 295 18.4 By-Law 2020-004, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7-19-11) 18.5 By-Law 2020-008, To Adopt a Reserve Policy and to Repeal By-Law 4107 18.6 By-Law 2020-009, To Authorize an Agreement between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs (ICIP) Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT By-Law 2020-002 To Amend Schedule A of By-Law 4247 (Committee Appointments); and By-Law 2020-003, To Provide for an Interim Tax Levy for the year 2020; and By-Law 2020-004, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7-19-11); and By-Law 2020-008, To Adopt a Reserve Policy and to Repeal By-Law 4107; and By-Law 2020-009, To Authorize an Agreement between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs (ICIP), 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 #17 Moved By: ________________ Seconded By: ________________ THAT By-Law 2020-010, to Confirm the Proceedings of the Council Meeting held on January 13, 2020, 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 #18 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Monday, January 13, 2020 be adjourned at ______ p.m. Page 6 of 295 1 MINUTES Monday, December 9, 2019 4:30 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Ron Shaw, Chief Administrative Officer Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Terry Saelens, Acting Fire Chief Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Closed Session Resolution # 1 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider:  advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Town Hall Project); and Page 7 of 295 2  personal matters about an identifiable individual, including Town employees; (CAO Update) Carried 3. Adoption of Agenda Resolution # 2 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council meeting of Monday, December 9, 2019, be adopted. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 3 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Minutes of the Council meeting of November 25, 2019, be approved. Carried 7. Presentations 8. Public Meetings Resolution # 4 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:03 p.m. Carried Page 8 of 295 3 8.1 Application for Minor Variance A 15-19 (McPherson) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to provide an overview of the application. Opportunity was provided for comments and questions from Council. The applicant was not in attendance. No members of the public appeared before Council either in support of or opposition to the application. Council passed the following resolution. Resolution # 5 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Committee of Adjustment approve Application File A15-19, submitted by Dianne McPherson, for lands described as Part Lot 70, Plan 41M-182, Parts 38, 39, 40 & 41 of 41R-9347, Town of Tillsonburg, as it relates to: 1. Relief from Section 7.5.5.2.4, – Zone Provisions (R2-5) - Maximum Permitted Lot Coverage, to increase the maximum permitted lot coverage from 50% to 52% of lot area, to facilitate the construction of a sunroom addition to an existing single detached dwelling, and; 2. Relief from Section 7.5.5.2.12.1, – Zone Provisions (R2-5) – Porch, Balcony, Deck and Step Encroachments Into Required Rear Yards, to increase the permitted projection for a sunroom into a required rear yard from 1.5 m (5 ft) to 2.5 m (8.2 ft). Subject to a building permit for the proposed sunroom addition being issued within one year of the date of the Committee's decision. Carried 8.2 Application for Minor Variance A 17-19 (Veldmen) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to provide an overview of the application. Opportunity was provided for comments and questions from Council. Page 9 of 295 4 The applicant, John Veldman, appeared before Council in support of the application. Mr. Veldman confirmed the conditions in the report are satisfactory. No members of the public appeared before Council either in support of or opposition to the application. Council passed the following resolution. Resolution # 6 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Committee of Adjustment approve Application File A17-19, submitted by Johannes and Ann-Marie Veldmen, for lands described as Part Lot 716, Plan 500, Part 1 Plan 41R-2656, municipally known as 68 Concession Street West, Town of Tillsonburg, as it relates to: 1. Permission to construct an addition to the existing single detached dwelling on the subject lands for the purpose of an attached garage and secondary residential dwelling unit, and; 2. Permission to construct a detached residential accessory building, to a maximum size of 165 m2 (1,776 ft2) on the sub ject lands,Subject to the conditions contained in Report 2019-376. Carried Resolution # 7 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:16 p.m. Carried 8.3 Application for Zone Change ZN 7-19-13 (Clause) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to provide an overview of the application. Opportunity was provided for comments and questions from Council. Page 10 of 295 5 The applicants, Daryll Clause and Nicole Clause, appeared before Council in support of the application. Jim Girard, appeared before Council in support of the application. Mr. Girard noted that he intends to purchase the subject property to build a multi-unit dwelling should the application be approved. No other members of the public appeared before Council in support of the application. The following individuals appeared before Council in opposition to the application. Brad Ivanochko and Sandra Codling, 6 Woodcock Drive, noted they are concerned about increased traffic congestion and limited parking availability requiring additional cars to be parked on -street posing a threat to the safety of pedestrians. Mr. Ivanochko noted the proposed multi-unit would not be consistent with the characteristic of the neighbourhood. Notes were provided for the record. Jim Hayes, 23 Bobolink Drive, noted he is concerned about pedestrian and vehicular safety. Mr. Hayes noted concern for potential issues related to storm and waste water management. Notes were provided for the record. Todd Bremner, 22 Robin Road, noted the proposed multi-unit would not be consistent with the characteristic of the neighbourhood. Mr. Bemner noted concern for pedestrian and vehicular safety as well as emergency vehicle access. Mr. Bemner also noted concerns about school bus safety. Notes were provided for the record. David Neil, 9 Owl, noted concern about pedestrian safety. Kim Cronmiller, 63 Parkwood, noted the proposed multi-unit would not be consistent with the characteristic of the neighbourhood. Nicole Gundry, 4 Woodcock Drive, noted concerns about pedestrian and vehicular safety. Christine Weston, 16 Robin Road, noted there is increased traffic in the neighbourhood due to recent developments. Mr. Clause provided a final comment in support of the application. Council defeated the following resolution. Page 11 of 295 6 Resolution # 8 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council approve the zone change application submitted by Daryll and Nicole Clause, whereby the lands described as Lot 3, M-16, Town of Tillsonburg, known municipally as 4 Woodcock Drive are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 3 Zone (R3-15)’ to allow for a range of dwelling types, including a single detached dwelling, a duplex dwelling, a triplex dwelling and a multiple-unit dwelling, consisting of 4 dwelling units and requiring a minimum lot area of 1,184.7 m2 (12,752 ft2). Defeated 9. Planning Applications 9.1 Initiation of Zone Change Application - OakPark Estates Resolution # 9 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council direct staff to initiate a zoning by-law amendment to implement a holding provision for vacant lots within the OakPark residential plan of subdivision to ensure the orderly development of the lands. Carried 10. Delegations 10.1 Oxford Health Coalition Lorraine Sinclair appeared before Council to present on behalf of the Oxford Health Coalition regarding proposed cuts to health care services. Opportunity was provided for comment and questions from Council. Resolution # 10 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receive the Oxford Health Coalition delegation, as information. Page 12 of 295 7 Carried 10.2 Amir Shenouda, S.E.M. Construction Amir Shenouda, S.E.M. Construction, appeared before Council to speak to Agenda item 13.1.1. Mr. Shenouda requested that the Town proceed to the negotiation stage with the preferred proponents. Opportunity was provided for comment and questions from Council. Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive the information from S.E.M. Construction, as information. Carried 11. Deputation(s) on Committee Reports 11.1 Town Hall Project Steering Committee Recommendation John Veldman, Chair, Town Hall Project Steering Committee, appeared before Council to provide an overview of the Committee's recommendation to Council. Opportunity was provided for comment and questions from Council. Resolution # 11 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receive the Town Hall Project Steering Committee's recommendation, as information. Carried 12. Information Items 12.1 Oxford County Holiday Waste Collection 2019 12.2 Tillsonburg Transfer Station Holiday Schedule 2019 Page 13 of 295 8 Resolution # 12 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the information items regarding holiday waste collection and Tillsonburg Transfer Station holiday hours be received, as information. Carried 13. Staff Reports 13.1 Chief Administrative Officer 13.1.1 CAO 19-14 Town Hall Recommended Option - Town Hall Project Committee Resolution # 13 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Report CAO 19-14 Town Hall Recommended Option – Town Hall Steering Committee be received; AND THAT, given that the quotes have come in well in excess of the benchmark and will create a negative impact on future budgets, that Council reject all proposals for the Design, Build/Lease of a new Town Hall and terminate the current RFP process. AND THAT that staff communicate with the proponents in regards to the honorarium; AND THAT staff report back in February with recommendations on how to proceed with consideration of a complete set of options on how to proceed towards new corporate space for the Town of Tillsonburg with lower costs to the Town. Carried 13.1.2 CAO 19-17 Shelter During Extreme Cold Warnings County of Oxford will commit to covering costs up to $5,000. Staff to report on appropriate risk management issues to Council in January, 2020. Page 14 of 295 9 Resolution # 14 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Report CAO 19-17 Shelter During Extreme Cold Warnings be received; AND THAT Council approve in principle a program to provide overnight emergency shelter during declared extreme cold warnings; and THAT staff work with volunteer agencies to ensure that appropriate volunteers are available to manage the centres and report back to Council with costs and a proposed policy to provide authority, conditions and guidance on the operation of the emergency shelters. Carried 13.1.3 CAO 19-18 Declaration of Surplus Property - 29 Cedar Street Resolution # 15 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Report CAO 19-18, Declaration of Surplus Property – 29 Cedar Street be received; AND THAT the Director of Economic Development provide notice of the intent to declare 29 Cedar Street surplus to the needs of the Corporation in the Tillsonburg News, the Town website and by posting a sign on the property and report back to Town Council at their meeting scheduled for January 13, 2019. Carried 13.2 Clerk's Office 13.2.1 CLK 19-28 Municipal Retail Cannabis Policy A By-Law to adopt a Municipal Cannabis Retail Policy will be brought forward for Council consideration in the new year. Page 15 of 295 10 Resolution # 16 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report CLK 19-28 Municipal Retail Cannabis Policy; AND THAT it be circulated to the BIA, Chamber of Commerce and the Economic Development Committee for comment. Carried 13.2.2 CLK 19-33 Deputy Mayor Position Resolution # 17 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council receive Report CLK 19-33 Deputy Mayor Position; AND THAT Council appoint Dave Beres as Deputy Mayor for a term ending November 14, 2022; AND THAT an additional $1,300.00 remuneration be provided for this position annually; AND THAT a By-Law be brought forward for Council consideration. Carried 13.2.3 CLK 19-34 Committee of Adjustment Resolution # 18 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council receive Report CLK 19-34 Committee of Adjustment; AND THAT all members of Tillsonburg Town Council be appointed to the Committee of Adjustment; AND THAT an appointment By-law be brought forward for Council’s consideration. Carried Page 16 of 295 11 13.3 Development and Communication Services 13.3.1 DCS 19-35 Traffic By-Law Amendment - Municipal Bus Stops, Stop Signs, Yield Signs Geno Vanhaelewyn, Chief Building Official, appeared before Council to answer questions. Resolution # 19 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report DCS 19-35 Traffic By-Law Amendment – Municipal Bus Stops, Stop Signs, Yield Signs, as information; AND THAT By-Law 4345 to amend By-Law 3701 be brought forward for Council consideration. Carried 13.4 Finance 13.4.1 FIN 19-31 2020 Rates and Fees Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives report FIN 19-31 2020 Rates and Fees; AND THAT By-Law 2020-001 to provide a schedule of fees for certain municipal applications, services and permits be b rought forward for Council consideration. Carried 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 19-54 Contract Award RFP 2019-012 Transit Operations Resolution # 20 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart Page 17 of 295 12 THAT Council receive Report OPS 19-54 Contract Award for RFP 2019-012 Transit Operations; AND THAT Council Award RFP 2019-012 to 947465 Ontario Ltd., o/a Voyago at the revised pricing as outlined in this report. Carried 13.6.2 OPS 19-55 Concession Street West Heavy Truck Route Resolution # 21 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report OPS 19-55 Concession Street West Heavy Truck Route; AND THAT By-Law 4370 authorizing the temporary suspension of heavy truck traffic along Concession Street West from Westerly Town Limit to Quarter Town Line be brought forward for Council consideration. Carried 13.7 Recreation, Culture & Park Services 13.7.1 RCP 19-59 Snowmobile Use on Trans-Canada Trail Between Broadway and East Town Limit Staff confirmed appropriate signage to notify pedestrians will be installed. Resolution # 22 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Report RCP 19-59 is received for information; AND THAT the Town of Tillsonburg supports the County of Oxford extending their Agreement with the Southern Sno -Riders Snowmobile Club to include the portion of the Trans-Canada Trail between Zenda Line and Broadway for use as an official OFSC snowmobile trail as a pilot for December 2019-March 2020; Page 18 of 295 13 AND THAT the Town requires a 20km/hr speed limit on the portion of the Trans-Canada Trail within the limits of the Town of Tillsonburg be posted by the Snowmobile Club as part of their signage plan; AND THAT snowmobile trailer parking is limited to the Tillson Ave trail parking lot; AND THAT this support is limited to the 2019-2020 season, pending a review before supporting this use for additional seasons. Carried 13.7.2 RCP 19-60 Implementing Recycling at Town Facilities Resolution # 23 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives Report RCP 19-60 Implementing Pilot Recycling Program at Town Facilities for information. Carried 13.7.3 RCP 19-62 Awarding the Purchase of Columbaria for Tillsonburg Cemetery Resolution # 24 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Town of Tillsonburg purchases the supply and delivery of one 96-niche granite and metal octagon columbaria from CFC- Supply (Maidstone) at a cost of $33,800 plus applicable taxes; AND THAT the Town of Tillsonburg purchases the supply and delivery of one 4-niche all-granite family columbarium from Ingersoll, Memorial Ltd. (Woodstock) at a cost of $2,901 plus applicable taxes. Carried 14. New Business Page 19 of 295 14 15. Consideration of Committee Minutes 15.1 Committee Minutes Resolution # 25 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receive the Economic Development Advisory Committee minutes dated November 12, 2019, the Tillsonburg Transit Advisory Committee minutes dated November 19, 2019, and the Museum Advisory Committee minutes dated October 24, 2019 and November 28, 2019, as information. Carried 16. Motions/Notice of Motions 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws 18.1 By-Law 4345, To amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg 18.2 By-Law 4363, To Assume Municipal Services in Glendale West Subdivision, Registered Plan 41M-305 18.3 By-Law 4364, Being A By-Law to Amend Zoning By-Law 3295 (ZN 7- 19-10) 18.4 By-Law 4268, To Appoint a Committee of Adjustment for the Town of Tillsonburg 18.5 By-Law 4369, To Adopt a Municipal Retail Cannabis Policy for the Town of Tillsonburg 18.6 By-Law 4370, To Suspend Heavy Truck Traffic on Concession Street West 18.7 By-Law 4372, Being A By-Law to Amend Zoning By-Law 3295 (ZN 7- 19-13) Resolution # 26 Moved By: Councillor Esseltine Seconded By: Councillor Parker Page 20 of 295 15 THAT By-Law 4345, To amend By-Law 3701, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg; and By-Law 4363, To Assume Municipal Services in Glendale West Subdivision, Registered Plan 41M-305; and By-Law 4364, Being A By-Law to Amend Zoning By-Law 3295 (ZN 7-19- 10); and By-Law 4268, To Appoint a Committee of Adjustment for the Town of Tillsonburg; and By-Law 4370, To Suspend Heavy Truck Traffic on Concession Street West 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 18.8 By-Law 2020-001, To Provide a Schedule of Fees for certain Municipal applications, services and permits Resolution # 27 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT By-Law 2020-001 To Provide a Schedule of Fees for certain Municipal applications, services and permits be read for a first and second time. Carried 19. Confirm Proceedings By-law Resolution # 28 Moved By: Councillor Luciani Seconded By: Councillor Parker THAT By-Law 4371, to Confirm the Proceedings of the Council Meeting held on December 9, 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 Page 21 of 295 16 20. Items of Public Interest The J.L. Scott McLean Outdoor Recreation Pad is operational weather permitting. T:GO transit system will be operating on Saturday, December 14 and Saturday, December 21, 2019. The Mayor's Levy event will be held on January 5, 2020 between 2:00 p.m. to 4:00 p.m. at the Annandale National Historic Site. The next regular scheduled Council meeting will be on January 13, 2020. The next Council budget meeting will be on December 10, 2019. 21. Adjournment Resolution # 29 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT the Council Meeting of Monday, December 9, 2019 be adjourned at 10:05 p.m. Carried Page 22 of 295 Workplace Wellbeing osg.ca | 1.800.815.9980 | info@osg.ca An Accessible Tillsonburg Page 23 of 295 Overview 01 Accessibility for Ontarians with Disabilities Act (AODA) and Regulations 02 Signed into law in 2005 03 Commits Ontario to being accessible by 2025 04 2025 is now only five years away 05 Three independent reviews have said the timeline is impossible – “Soul Crushing Barriers” – Hon. David Onley Page 24 of 295 Who is Responsible Municipalities Municipalities have had to develop their own plans The Private Sector Businesses must self regulate Third Party Organizations The Rick Hansen Foundation If AODA 2025 is not a possibility, and is not properly funded, where does the onus fall? 01 02 03 Page 25 of 295 What Does Tillsonburg Need? 4 Page 26 of 295 Percentage of Ontarians With Disabilities Ontario Human Rights Commission 15.4% Approximate Population of Tillsonburg Statistics Canada 16,500 Projected Number of Tillsonburg Residents with a Recognized Disability Based on OHRC averages 2,500 5 Page 27 of 295 What Does Tillsonburg Need? Legal Obligations 01 Training All employees must be trained on AODA, the Integrated Accessibility Standards, and Customer Service Standards. 04 Human Resources Individual emergency procedures and plans Accessible recruitment Employee support and accommodation 02 Obtaining Services Service counters and centres must be an appropriate height and be accessible to all 05 Public Spaces Recreational Trails – Sidewalks Paths of Travel Parking 03 Web Content Web content must conform to WCAG 2.0 AA 06 Guide Dogs Guide Dogs v. Service Animals 6 Page 28 of 295 What Does Tillsonburg Actually Need? Highest and Best Use 01 Move Past Blue Bob People with disabilities aren’t just Blue Bob 03 A Well-Run Committee Committee must be properly constructed, but also have input from the town 02 Accessible Transit/Travel Essential to employment and purchasing power 04 Realistic Goals Highest and best use 7 Page 29 of 295 Realistic Goals Doing the best with what we have 02 03 01 Training – Allows employees to find solutions on their own Tillsonburg, as well as other municipalities, do not have unlimited resources to devote to accessibility. Using a principal of highest and best use will help the municipality reach goals most important to its residents. Highest and best use 8 Mandatory Reporting Universal Design – Moving past Blue Bob Page 30 of 295 Universal Design Accessible design for everyone OXO Vegetable Peeler Lighting The use of proper lighting inside helps those who are low sighted and may prevent Circadian Rhythm Disorder. The use of proper outdoor lighting keeps everyone secure Ramps A single ramp to the entrance of a building works well for everyone, eliminates slips, trips, and falls, and feels perfectly normal Sliding Doors Sliding doors are an everyday feature for everyone, and work well for all disabilities 9 Page 31 of 295 Tillsonburg has the resources to create a meaningfully accessible municipality. Simple fixes can drastically change the lives of people with disabilities. Tillsonburg has the ability to be a model for other small municipalities. 10 Page 32 of 295 Tillsonburg BIA - 2020 BIA Budget Financial Summary Summary of Revenues & Expenditures 2018 Actual Audited 2019 Budget 2019 Projected (forecast) 2020 Proposed Budget Revenues: BIA Levy (requirement from taxation) 127,217 136,621 136,621 139,450 Town contribution to Façade Program 25,000 25,000 25,000 31,000 Other income & funding inc. SJS, sponsorships, Turtlefest, banner program 3,525 13,264 19,137 55,220 HST rebate 13,111 15,000 20,063 14,336 Interest income 77 2,220 960 1,010 Rock Developments-Sobey’s agreement 2,500 2,500 2,500 2,500 Contribution from accumulated surplus 0 0 70,000 46,000 Total Revenues: 171,722 194,605 254,281 289,516 Levy as % of total revenues 74.1% 70.2% 53.7% 47.6% Expenditures: General, administrative + operations (including payroll, office and day to day expenses) 29,593 84,673 84,377 125,691 Debt principle & interest 8,989 11,628 25,067 22,504 Debt P&I payment as a % of levy: 7.1% 8.5% 18.3% 16.1% HST (1.76%) 100% of GST, 78% of PST 14,251 20,000 21,808 15,583 Capital, repair & special projects 6,734 500 15,978 23,000 Marketing, events & advertising (includes cost of running events) 7,806 18,250 9,191 24,000 Façade Improvement Program 25,000 50,000 81,000* 62,000 Beautifications – plants, street furniture, umbrellas, trees, waste containers 6,785 13,250 39,000 11,000 Capital reserve provision (*NEW) 0 0 0 2,869 Operating reserve provision (*NEW) 0 0 0 2,869 Total Expenditures: 94,158 194,605 254,281 289,516 Net Revenue/(Deficit) +77,564 0 0 0 Summary of Accumulated Surplus: (cash based) *timing of payment for FIP projects *final payment of $4,495 due 03/31/20 from refinancing Beginning Balance 106,284 192,783 220,345 150,345 Change in Accumulated Surplus +114,061 0 -70,000 -40,262 Ending Balance 220,345 192,783 150,345 110,083 *FIP expenses in 2019 (actual), include 3 projects carried over from 2018 (5 storefronts) & 3 storefronts (Hurley’s building) Page 33 of 295 2020 BIA Budget - key objectives: 1. To develop non-levy revenues through increased event, fundraising, sponsorships, partnerships & other sources of funding: a. Turtle-fest Block Party to be maximized as a revenue enhancement tool b. Banner sponsorship programs: i.e. Exeter BIA program, table, umbrella ads c. Initiate & implement leveled sponsorship programs similar to the Chamber of Commerce to build long-lasting relationships for stability of funding. d. Maximize available government funding programs including Summer Jobs Service, OMAFRA, Digital Main-street, provincial programs, etc. e. Increase the frequency and quality of all promotional/event activities 2. Implement tools to self-finance capital projects internally & via sponsorship offset: a. Plan for annual reserves in all budgets going forward b. Negotiate a 50/50 capital cost-sharing agreement with the town council c. Prepare 5 & 10 year capital project list with identified funding sources 3. To be in compliance with CRA, Municipal Act, Town Code of Conduct: a. Conversion of human resources to employee from contract b. Drives ability for additional grant-funding opportunities (availability of funding) & ensures adherence to the Employment Standards Act c. Ensures integrity of the BIA operations and reduces risk 4. To invest in our strengths & building on the pro-activity & strengths of our people: a. Retention of existing human resources is key our future success(es) b. Increase the EMC to 1.0 FTE (funded internally) c. Maintain 0.4 FTE for Spring/Summer/Fall student labour (funded externally) d. Add seasonal co-op student for Marketing & Promotions (funded externally) e. Provide medical, life, health and retirement benefits to FTE’s f. Continue to recruit new Board Members to improve board efficacy 5. To providing the tools necessary to do the job & developing self-sufficiencies for self- sustaining operational capabilities within the BIA organization: a. Watering apparatus including tank, sprayer hose & truck mounts b. Full-size, regular cab work truck – capital cost offset 100% by sponsorships c. Graphic design hardware & software tools (new Mac for EMC) d. Investment in FTE’s to ensure plan execution & to increase work output 6. Preparations to expand the BIA boundary for effect on January 1st, 2021 a. Work with the Town Clerk and Legislative Services Department on the necessary steps required for a successful implementation plan b. Implement a communications plan for said expansion Page 34 of 295 Page 1 of 2 Subject: Council Committee for Community Fundraising Report Number: CAO 20-01 Author: Ron Shaw, Interim CAO Meeting Type: Council Meeting Meeting Date: Monday, January 13, 2020 Recommendation: THAT Report 20-01, Council Committee for Community Fundraising be received; AND THAT Council establish a Committee made up of three members of Council that will engage with local community groups and service clubs to explore opportuniti es and commitments to raise funds towards community facilities in Tillsonburg. AND THAT Council appoint Council members ___________________ , __________________ and _________________ to the Council Committee for Community Fundraising; AND THAT the CAO annually assign two members of the Senior Leadership Team to act as a resource to the Committee. AND THAT Council approve the draft terms of reference as provided. Background: The Town of Tillsonburg has a long history from a generous community that has provided significant financial contributions that have allowed the Town to provide excellent recreation and cultural facilities for the benefit of residents and visitors to the community. Discussion: We believe that members of Council, being elected by the community, will be in the best position to engage with community and service organizations and work in partnership with them on strategic fundraising. One of their first tasks could be to recommend a naming policy that will ensure that the Town names facilities consistently and that names will apply to facilities for set periods of time commensurate with their donations. Page 35 of 295 CAO 20-01 Page 2 of 2 Senior Leadership can provide a suggested list of opportunities to the Committee that would meet the fundraising criteria, be in line with various plans in the corporation and that are an identified need for the Committee to consider. The CAO would annually appoint two members of the Senior Leadership Team to be a resource to the Committee. If this is supported by Town Council, then the Clerk can draft terms of reference for consideration by Council. This initiative would align nicely with the RCP Business Plan (Budget binder Tab 6 page 2). Financial Impact/Funding Source: This Committee should work each fiscal year to provide recommendations to Council in advance of budget deliberations; however, there is nothing to prevent recommendations coming forward supported by business plans that fall within the budget at any time of year. Community Strategic Plan (CSP) Linkage: 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. 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 3. 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 Attachments: Appendix A – Draft Terms of Reference Council Committee for Community Fundraising Page 36 of 295 Council Committee for Community Fundraising Terms of Reference Mandate: To work together with Community Groups and Service Clubs on strategic fundraising in support of projects and activities within the Municipality. The Town of Tillsonburg has a long history from a generous community that has provided significant financial contributions that have allowed the Town to provide excellent recreation and cultural facilities for the benefit of residents and visitors to the community. The Council Committee shall work in partnership with organizations to identify projects which may require fundraising. The committee may assist in the strategic fundraising in terms of working together on planning, coordinating and implementing fundraising activities. 1.0. Role of the Community Transportation Advisory Committee 1.1. To identify projects that may require assistance including fundraising efforts. 1.2. To develop working relationships with Community Partners and Service Clubs. 1.3. To work together to develop fundraising strategies. 1.4. To implement, monitor and evaluate the fundraising strategy. 2.0. Organization of the Committee The Committee should be composed of three member of Council who have been duly elected by the municipality. In addition two members of the Senior Leadership Team shall be appointed by the CAO to act as a resource to the Committee. 2.1. Committee Members will be appointed by Council. 2.2. The term of a Committee Member shall coincide with the four (4) year term of Council. 2.3. Additional members may be appointed throughout the term when required. 2.4. One member will be appointed by vote of the committee at the first meeting of each term to chair the meetings for that term. The committee will also, at this time, select a vice-chair and secretary for the same duration. 2.5. A Municipal staff person may be selected to act as a secretary to the committee. 3.0. Meetings 3.1. The Committee will hold meetings as required throughout the year. 3.2. The date and time of the regular meetings will be established when required. 3.3. Meetings will have a formal agenda. Page 37 of 295 3.4. Agendas and information packages, that will include the minutes from the previous meeting, will be sent by e-mail to Committee Members prior to each meeting. 3.5. A majority of Council appointed Committee Members will constitute quorum for the transaction of business. 3.6. The members may meet occasionally informally to discuss issues as warranted. 4.0. Role of the Chair The Chair is responsible for insuring the smooth and effective operation of the Committee and its roles. This will include responsibility for:Calling the meetings to order. 4.1. Calling the meetings to order. 4.2. The Chair is encouraged to create an informal atmosphere to encourage the exchange of ideas such as, using a roundtable format. 4.3. Creating an agenda in consultation with the Secretary. 4.4. Chairing the meetings. 4.5. Acting as spokesperson. 4.6. Representing the Committee on other committees when necessary. 4.7. The Chair shall conduct meetings in accordance with the Town's Procedural By-law 4.8. In the absence of the Chair, these responsibilities will be undertaken by the Vice-Chair. 5.0. Role of the Secretary The Secretary is responsible for ensuring a complete up to date record for the Committee. 5.1. In liaison with the Chair, arrange date, time and venue for meetings. 5.2. In liaison with the Chair, set agendas and circulate to the members two business days prior to the meeting. 5.3. Circulate draft minutes to the members. 5.4. Keep a complete up to date record of the committee minutes. 6.0. Role of Members Membership on the Committee is a position of responsibility and requires a strong commitment to the Terms of Reference. Committee members are required to: 6.1. Attend all regular scheduled meetings. Members are required to notify the Chair, Secretary or the designated municipal staff liaison if they are unable to attend a meeting. 6.2. Review all information supplied to them. 6.3. Prepare information for use in the development of materia ls for the Committee. 6.4. Promote the role of the Committee. 6.5. Offer input to committee reports to Council. Page 38 of 295 6.6. Attend training as required to effectively perform their role as a committee member. 6.7. Committee Members are subject to The Municipal Conflict of Interest Act R.S.O, 1990, c.M50 and must disclose any direct or indirect pecuniary interest. The disclosure must be recorded in the minutes of the meeting. 7.0. Role of Municipal Staff The Town of Tillsonburg, by its nature and purpose, affects and is affected by many different Municipal departments. Assistance will be provided on an as required basis from various departments. Municipal staff will be responsible for carrying out the following functions with respect to the Committee: 7.1. Acting as an information resource. 7.2. Assist the Committee in its reporting to Council (see Sec. 7.0). 7.3. Provide correspondence to the Committee. 8.0. Reports to Council The Committee may advise and make recommendations to Council in accordance with its role. Reports may be submitted as follows: 8.1. Verbally by a Council representative. 8.2. Verbally by the Chair or the designated representative. 8.3. Minutes from the Committee meetings. 8.4. Written reports, including annual and end-of-term reports. Page 39 of 295 Subject: Committee Appointments Report Number: CLK 20-01 Author: Laura Pickersgill, Legislative Services Coordinator Meeting Type: Council Meeting Meeting Date: Monday, January 13, 2020 Recommendation: THAT Council receives Report CLK 20-01 Committee Appointments; AND THAT By-Law 2020-002 to Amend Schedule A of By-Law 4247, be brought forward for Council consideration. Background: According to the Tillsonburg Dog Park Advisory Committee Terms of Reference as approved by Council, the Committee will have a minimum of seven (7) members. Currently the Committee has 6 members. Applications to the Tillsonburg Dog Park Advisory Committee remain open until the minimum number of members is met. At the Council meeting of January 14, 2019, Council appointed citizens to the Tillsonburg Economic Development Committee and to the Museum Advisory Committee and at the Council meeting of February 28, 2019, Council appointed citizens to the Tillsonburg Transit Advisory Committee and citizens to the Cultural, Heritage and Special Awards Advisory Committee. Discussion: Following the November 25, 2019 Council meeting, the Office of the Clerk received one additional application for the Tillsonburg Dog Park Advisory Committee. The attached By-Law 2020-002, Schedule A, includes the recommended additional appointment. This recommendation and a by-law to appoint the member will be brought before Council for consideration. The Office of the Clerk also received four resignations. The first resignation is from Committee member, John Veldman, of the Economic Development Advisory Committee. The second resignation is from Committee member, David Brown, of the Tillsonburg Transit Advisory Committee. The third resignation is from Committee member, Deb Beard, of the Cultural, Heritage and Special Awards Advisory Committee. The fourth resignation is from Committee member, Marianne Sandham, of the Museum Advisory Committee. These members’ names have been removed from By-Law 4247 Schedule A. Page 40 of 295 CLK 20-01 Page 2 of 2 Financial Impact/Funding Source: None Community Strategic Plan (CSP) Linkage: 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives □ Streamline communication and effectively collaborate within local government □ Demonstrate accountability Attachments: By-Law 2020-002, Schedule A Page 41 of 295 By-law 2020-002 Schedule A Board/Committees Citizen Appointments Mandate Accessibility Advisory Committee To advise and make recommendations to Council on all matters with respect to the accessibility for persons with disabilities to a municipal building, structure or premises. Cultural, Heritage and Special Awards Advisory Committee To advise and make recommendations to Council on all matters with respect to tourism and culture in the Town of Tillsonburg. To advise and make recommendations to Council on all matters related to properties of architectural and historical significance. To receive nominations and make recommendations to Council for the Citizen of the Year and monthly awards. To provide commemorative naming options to Council. Economic Development Advisory Committee To advise on initiatives to attract and retain investment within the community. To provide advice on: • The Economic Development Strategy • The Community Strategic Plan • Annual Departmental Business Plan To support the development of alliances and partnerships to advance the Town’s strategic plan and that assists in the overall growth of the Town. To provide advice regarding existing and new bylaws that relate to/impact development within the community. Memorial Park Revitalization Advisory Committee To advise and make recommendations and provide regular updates to Council on all matters with respect to the Memorial Park Revitalization Project. Museum Advisory Committee To make recommendations to Council on policies and procedures pertaining to the Museum. To participate in strategic planning activities, initiate and participate in fundraising activities when and as needed, act as ambassadors for the museum within the community. To work with the Tillsonburg and District Historical Society regarding trust for artifact purchases and to act as trustees for the restoration trust. Page 42 of 295 By-law 2020-002 Schedule A Parks, Beautification and Cemeteries Advisory Committee To advise and make recommendations to Council on all matters with respect to the utilization and beautification of public parks, trails, trees, green space and Tillsonburg cemeteries. Recreation and Sports Advisory Committee To advise and make recommendations to Council on matters related to the programming and utilization of Tillsonburg’s recreational facilities. To advise and make recommendations to Council on implementation of the Community Parks, Recreation and Cultural Strategic Master Plan. Tillsonburg Airport Advisory Committee To advise and make recommendations to Council on matters related to the Tillsonburg Regional Airport. To provide a forum for receiving input and advice from aviation stakeholder groups and the community with respect to the Airport Master Plan and strategic initiatives and to provide a forum for dialogue and communication. Day to day operations of the airport is the responsibility of Town staff. Tillsonburg Dog Park Advisory Committee Marcie Walters- Turcotte The objective of the Tillsonburg Dog Park Advisory Committee (TDPAC) is to oversee and advise Town Council on the governance of the Dave Johnson Memorial Dog Park with representation from all affected groups in the community. Tillsonburg Transit Advisory Committee The objective of the Tillsonburg Transit Advisory Committee (TTAC) is to oversee and advise Town Council on the governance oversite of the Town's service providers contract for transit and specifically the policies and procedures related to service delivery of transit. The TTAC will provide a forum for input, exchange of ideas and debate on conventional and mobility transit related issues with representation from all affected groups in the community. The committee should use the Mandate to set out a clear plan for the term of the Committee. Create a high level work plan to define the scope and establish the framework and overall approach for transit. Set out goals the committee will work towards accomplishing. Page 43 of 295 Page 1 of 3 Subject: 2019-2023 Multi-Year Accessibility Plan Report Number: CLK 20-02 Author: Amelia Jaggard, Deputy Clerk Meeting Type: Council Meeting Meeting Date: Monday, January 13, 2020 Recommendation: THAT Council receives Report CLK 20-02 2019-2023 Multi-Year Accessibility Plan; AND THAT Council adopts the Town of Tillsonburg 2019-2023 Multi-Year Accessibility Plan attached hereto as Appendix A. Background: The Accessibility for Ontarians with Disabilities Act (AODA) was enacted in 2005. The purpose of the Act is to develop, implement and enforce accessibility standards in order to remove barriers for Ontarians with disabilities in relation to goods, services, facilities, accommodations, employment, structures and premises. Integrated Accessibility Standards Regulation (O. Reg. 191/11) establishes accessibility standards and requirements. One of the IASR requirements is to prepare a multi-year accessibility plan. This is a shift from annual accessibility planning under the Ontarians with Disabilities Act, 2001 (ODA). The multi-year plan must include an organization’s strategy to prevent and remove barriers and meet the requirements in the standards. Each year the organization must report on the progress in implementing the plan. In January, 2014, the Town of Tillsonburg created and adopted the first Multi-Year Accessibility Plan. The Multi-Year Accessibility Plan will be reviewed and updated at least once every five years. An annual status report will be completed to document the progress and measures taken to implement the Town of Tillsonburg’s strategy and meet the requirements of the Integrated Accessibility Standards Regulation. Discussion: The purpose of the Multi-Year Accessibility Plan is to guide the municipality towards removing and preventing future barriers. The plan addresses the Town’s commitment to accessibility standards, identifies goals, as well as celebrates the Town’s accomplishments to date. Although the plan is required by Provincial legislation, it does not bind the Town to any projects identified as goals within the document; the plan is a positive way to formalize the goals of the municipality. Page 44 of 295 CLK 20-02 Page 2 of 3 The Town of Tillsonburg is committed to promoting a barrier-free Town for employees, citizens and all who live, work, visit, and invest in Tillsonburg. It is important that the Town continue to plan for the future so that Town facilities and services are accessible and welcoming for everyone. Consultation: Consultation on the plan was conducted with Town of Tillsonburg staff and committees including:  Accessibility Advisory Committee  Senior Leadership Team Staff reviewed Multi-Year Accessibility Plans from other municipalities including the Township of Norwich, Township of South-West Oxford, Zorra Township, Oxford County, Norfolk County and the City of Kawartha Lakes. Financial Impact/Funding Source: There will be no direct financial impact resulting from the implementation of this plan. Many of the projects that are listed in the plan will need to be addressed in the Town’s budget. This policy does not bind the municipality to any monetary figure. Page 45 of 295 CLK 20-02 Page 3 of 3 Community Strategic Plan (CSP) Linkage: 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 Attachments: Appendix A – 2019-2023 Multi-Year Accessibility Plan Page 46 of 295 Donna Wilson, Town Clerk Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 519-688-3009 ext. 4040 www.tillsonburg.ca Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 47 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 2 of 14 Contents Introduction and Statement of Commitment .................................................................... 3 Consultation .................................................................................................................... 3 Structure and Governance .............................................................................................. 3 Accessibility Advisory Committee .................................................................................... 3 Accessibility Advisory Committee Mandate: ................................................................ 4 2018-2022 Committee Members: ................................................................................ 4 Guiding Legislation .......................................................................................................... 4 Barrier Identification ........................................................................................................ 5 Accessibility Partnerships ................................................................................................ 5 Approval and Review Dates ............................................................................................ 6 Feedback ........................................................................................................................ 6 Availability of the Plan ..................................................................................................... 6 Contact Information ......................................................................................................... 7 Conclusion ...................................................................................................................... 7 Appendix A: Achievements to Date ................................................................................. 7 Appendix B: Goals for 2019-2023 ................................................................................. 10 Appendix C: Accessibility Comment or Complaint Form ............................................... 14 Page 48 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 3 of 14 Introduction and Statement of Commitment In January, 2014, the Town of Tillsonburg created and adopted the first Multi-Year Accessibility Plan. The Town of Tillsonburg is committed to promoting a barrier-free Town for employees, citizens and all who live, work, visit, and invest in Tillsonburg. It is important that the Town continue to plan for the future so that Town facilities and services are accessible and welcoming for everyone. This is the Town’s second Multi-Year Accessibility Plan. The Plan outlines the Town’s strategy to prevent and remove barriers and meet the requirements under the Accessibility for Ontarians with Disabilities Act (AODA) and the Integrated Ac cessibility Standards Regulation (O. Reg. 191/11). Accessible Format This document is available in an accessible format at request. If you require this document in an accessible format, please contact Donna Wilson, Town Clerk at dewilson@tillsonburg.ca or 519-688-3009 ext. 4040. Consultation Consultation on the plan was conducted with Town of Tillsonburg staff and committees including:  Accessibility Advisory Committee  Senior Leadership Team Structure and Governance The responsibility for the implementation of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) falls within the Office of the Clerk. Accountability for the various clauses within the Integrated Accessibility Standards Regulation (O. Reg. 191/11) is a shared responsibility with departments. The Office of the Clerk is responsible for ensuring compliance at the corporate level and is the focal point for legislative analysis and subject matter expertise. Departments retain the accountability for ensuring that their respective clauses are executed according to legislative requirements pertaining to the service delivery. Accessibility Advisory Committee The Accessibility Advisory Committee (AAC) is a key resource and contributor to accessibility planning issues in all departments of the Town of Tillsonburg. The AAC is a legislatively mandated committee of community volunteers. Presently, the AAC is Page 49 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 4 of 14 comprised of eight members as well as a Town Council representative and Staff Liaison. Accessibility Advisory Committee Mandate: To advise and make recommendations to Council on all matters with respect to the accessibility for persons with disabilities to a municipal building, structure or premises. The meetings are open to the public and are held at the Corporate Office in Suite 203, 200 Broadway, Second Floor. For agendas, or to be notified of a meeting, please contact the Office of the Clerk at clerks@tillsonburg.ca or 519-688-3009, ext. 4040. 2018-2022 Committee Members: Citizen Members: Cindy Allen, Chair Peter Staley, Vice Chair Mike Cerna Michael Kadey Margaret McCrimmon Erin Getty Mark Dickson Jeff Huber Council Representative: Councillor Pete Luciani Staff Liaison: Amelia Jaggard, Deputy Clerk Guiding Legislation Accessibility for Ontarians with Disabilities Act, 2005 (AODA) The Accessibility for Ontarians with Disabilities Act (AODA) was enacted in 2005. The purpose of the Act is to develop, implement and enforce accessibility standards in order to remove barriers for Ontarians with disabilities in relation to goods, services, facilities, accommodations, employment, structures and premises. Integrated Accessibility Standards Regulation (O. Reg. 191/11): The Integrated Accessibility Standards Regulation (IASR) establishes accessibility standards and introduces requirements for:  Accessible Customer Service Standard  Information and Communications Standard  Employment Standard  Transportation Standard  Design of Public Spaces Standard One of the IASR requirements is to prepare a multi-year accessibility plan. This is a shift from annual accessibility planning under the Ontarians with Disabilities Act, 2001 (ODA). The multi-year plan must include an organization’s strategy to prevent and remove barriers and meet the requirements in the standards. Each year the organization must report on the progress in implementing the plan. Page 50 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 5 of 14 Customer Service – Ontario Regulation 429/07 The Accessibility Standards for Customer Service establishes accessibility standards for customer service. Ontario Building Code The Ontario Building Code outlines accessibility/barrier-free design requirements in newly constructed buildings and existing buildings that are to be extensively renovated. Ontario Human Rights Code The Ontario Human Rights Code is an individual, complaints-based legislation that addresses discrimination. The Ontario Human Rights Code requires organizations to accommodate people with disabilities to the point of undue hardship. Barrier Identification Attitudinal barriers may result in people with disabilities being treated differently than people without disabilities. Informational and communication barriers arise when a person with a disability cannot easily receive and/or understand information that is available to others. Technological barriers occur when technology or the way it is used does not meet the needs of people with disabilities. Systemic barriers in policies, practices and procedures and result in people with disabilities being treated differently than others o r sometimes excluded altogether. Physical and architectural barriers in the environment and prevent access for people with disabilities. Accessibility Partnerships Oxford County is comprised of eight lower tier municipalities. There are four Accessibility Advisory Committee’s within Oxford County and each one reports to their respective Municipal Councils on a variety of accessibility matters. In 2015 the first Oxford County Joint Accessibility Advisory Committee meeting was scheduled which included representation from all Accessibility Advisory Committees from Oxford County lower tier municipalities. The purpose of these meetings is to invite guest speakers to create educational opportunities and to allow members an opportunity to discuss accomplishments and challenges. The Oxford County Joint Accessibility Advisory Committee met in 2017 and 2019. Page 51 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 6 of 14 Approval and Review Dates The Multi-Year Accessibility Plan will be reviewed and updated at least once every five years. An annual status report will be completed to document the progress and measures taken to implement the Town of Tillsonburg’s strategy and meet the requirements of the Integrated Accessibility Standards Regulation. Plan adopted by Council Date: Resolution # Feedback The Town of Tillsonburg welcomes public input as feedback helps to identify areas where changes need to be considered and ways in which we can improve facilities, goods and services. Should a member of the public wish to provide general feedback, comments or suggestion on how to improve accessibility in our facilities, goods or services please contact the Town Clerk at dewilson@tillsonburg.ca or 519-688-3009 ext. 4040 or complete an Accessibility Comment or Complaint Form attached hereto as Appendix C. Availability of the Plan The Multi-Year Accessibility Plan will be made available through a number of efforts: Website: The Plan can be accessed through the Town of Tillsonburg’s website. https://www.tillsonburg.ca/en/town-hall/Accessibility.aspx Hard Copy: The Plan may be accessed at the following Town of Tillsonburg Administration Buildings: Customer Service Centre 10 Lisgar Avenue Tillsonburg, Ontario N4G 5A5 Corporate Office 204-200 Broadway Tillsonburg, Ontario N4G 5A7 If you require this document in an accessible format, please contact Donna Wilson, Town Clerk at dewilson@tillsonburg.ca or 519-688-3009 ext. 4040. Page 52 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 7 of 14 Contact Information For more information contact: Donna Wilson, Town Clerk Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 519-688-3009 ext. 4040 dewilson@tillsonburg.ca Conclusion The Town of Tillsonburg is committed to addressing existing barriers and preventing future barriers to allow people with disabilities full participation in our community. The Town encourages input from all Town of Tillsonburg residents. The Town of Tillson burg is of the opinion that current legislation should improve accessibility in workplaces and public spaces and improve access to employment, customer service, communication and transportation. However, as the financial impact of current legislation on municipal taxpayers is significant, the Town also recommends that the province assume some financial responsibility for these requirements. Appendix A: Achievements to Date 2019  Accessibility parking improvements were made in off-street municipal parking lots and on-street accessible parking on Broadway to meet accessibility requirements. For more information refer to Staff Report OPS 19-26 presented to Council on June 13, 2019.  In August, 2019, the T:GO in-town transportation service was re-launched as a fixed route system which offers Monday to Friday accessible bus service. A new fare system for T:GO was implemented which offers discounted passes and special fare rates for youth/students and seniors, as well as permits children (5 and under), support persons and veterans to ride free. For morning information refer to Staff Report OPS 19-12 presented to Council on May 13, 2019 and Staff Report OPS 19-35 presented to Council on August 12, 2019.  Installation of an accessible pedestrian crossing (PXO) at the Broadway and Trans Canada Trail PXO.  Accessible upgrades to the intersection of Broadway and Ridout.  In October, 2019, corporate business cards were updated to meet accessibility requirements.  In November, 2019, the sound system in Council Chambers was upgraded to improve sound in the Council Chambers and into the hallway outside of Council Chambers. Twelve (12) hearing assistive devices were installed for individual use by patrons, Council or staff. Page 53 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 8 of 14  In December, 2019, the sound systems in the Lions Auditorium, Senior Centre Auditorium, and Annandale National Historic Site Program Room were upgraded and hearing assistive devices were installed for individual use by patrons, Council or staff. 2018  Accessible upgrades to the intersection of Broadway and Brock.  There were a number of efforts during the 2018 Municipal Election to improve accessibility and increase opportunity for civic participation. For more information refer to Staff Report CLK 18-33 presented to Council on November 26, 2018. 2017  Installation of an accessible pedestrian crossing (PXO) at the intersection of Broadway and Glendale.  Accessible upgrades to the intersection of Broadway and Oxford. 2016  In April, 2016, the T:GO in-town transportation service was launched which offers Monday to Friday accessible van service for residents on a call and ride basis.  A new Town website was launched in May, 2016 , which integrated accessibility features within its design. o BrowseAloud is available on the website. This tool reads text out loud to individuals with vision impairments, or users who have difficulty reading. o The website is compliant with WCAG 2.0 Level AA – web content accessibility guidelines.  An Accessibility webpage was created that includes accessibility resources, a link to the online Accessibility Comment or Complaint Form and a link to online accessibility training for municipal employees and volunteers. o The online Accessibility Comment or Complaint Form provides an additional method of providing feedback.  In July, 2016, a unisex barrier-free public washroom was installed in the north end of the Tillsonburg Community Centre to improve the accessibility features on the main floor.  Accessible upgrades at the mid-block pedestrian crossing on Broadway at Town Centre Mall.  In September, 2016, doorknobs were replaced with handles at the Corporate Office.  In November, 2016, the Taxi By-Law (By-Law 4051) was updated to include provisions to ensure compliance with accessibility standards. For more Page 54 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 9 of 14 information refer to Staff Report DCS 16-40 presented to Council on November 28, 2016.  In November, 2016, the Accessibility Advisory Committee in partnership with the Tillsonburg Chamber of Commerce introduced the Accessibility Achievement Award to recognize the outstanding contributions by an individual, business, organization or school for their efforts in reducing/eliminating barriers in the community for people with disabilities. 2014  In 2014 the following enhancements were made to the Tillsonburg Community Centre: o Installation of power assist doors at the north entrance; o Installation of power assist doors and an accessible main desk for the Health Club; o Elevation of toilets at the Senior Centre; o Installation of three (3) accessible water fountain/refill stations; o Installation of grab bars in both pool change rooms for hairdryer use; o Installation of power assist door and accessible paddles on pool doors and arms for the pool lift chair;  One (1) accessible water fountain/refill stations was installed at the OPP station.  There were a number of efforts during the 2014 Municipal Election to improve accessibility and increase opportunity for civic participation. More information can be found in Staff Report CL 15-01 presented at the Council Meeting on January 12, 2015. 2012  The Town of Tillsonburg Central Area Design Study was created with consideration to accessibility issues throughout the process.  The AAC undertook an initiative in 2012-2013 to tour Town-owned facilities and outdoor locations to identify where barriers exist. A number of barriers were brought to staff’s attention to explore solutions. 2010  There were a number of efforts during the 2010 Municipal Election to improve accessibility and increase opportunity for civic participation. More information can be found in Staff Report CO 2010-28 presented at the Council Meeting on January 17, 2011. Page 55 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 10 of 14 Appendix B: Goals for 2019-2023 (exact years to be determined by budget allocation) Accessibility Advisory Committee (AAC)  The AAC will provide an advisory role for all corporate projects to ensure t hat accessibility is considered.  The AAC will review Town-owned facilities and identify where barriers exist, including reviewing the AODA compliance reports incorporated in the Town’s Facility Condition Analyses. The Committee will forward these results to senior staff as they arise and present the findings to the AAC.  Participate in Oxford County Joint Accessibility Advisory Committee meetings. General Requirements  Continue to review and update policies, procedures and forms to reflect legislation changes.  File Accessibility Compliance Report to the Ministry bi-annually.  Prepare Annual Accessibility Status Reports to be brought forward to Council.  Establish a 2024-2028 Multi-Year Accessibility Plan.  Continue to consult the Accessibility Advisory Committee, the public and people with disabilities for Accessibility Plans.  Accessibility provision were included in the Town’s Procurement Policy (5-004, Council By-Law 3967), to implement accessibility design, criteria and features when procuring or acquiring goods, services or facilities. Document where it is not possible to do so.  Ensure that all employees continue to complete mandatory accessibility training.  Ensure that all Volunteers who interact with the public complete mandatory accessibility training.  Ensure accessibility training resources are current. Accessible Customer Service Standard  Continue to fulfill the needs of residents and customers under the Accessibl e Customer Service Standard.  Continue to receive and respond to feedback and ensure processes are accessible for persons with disabilities.  Continue to be in compliance with the Town’s Accessibility Policy (1-002, Council By-Law 3539) and ensure the Town is providing an adequate level of Accessible Customer Service to the public. Page 56 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 11 of 14  The Customer Service Centre provides additional ways for people with mobility disabilities to obtain municipal services 24 hours a day e.g. phone, fax, email, website, automatic bill payment, internet banking bill payment etc.  Continue to post service disruptions on site and online. Information and Communications Standard  Continue efforts to make more information available to the public to promote accessibility and transparency in municipal operations.  Continue to educate staff on the need for accessible documents.  Ensure that “accessible formats available upon request” logo or written text is on all printed documents.  Develop a strategy of how to ensure existing documents are accessible or available upon request.  Continue to monitor accessible website and web content compliance.  Ensure all websites and web content conforms with the Information and Communications Standard / WCAG 2.0 Level AA by 2021.  Continue to receive and respond to feedback and ensure processes are accessible for persons with disabilities.  Continue to consult with persons who make requests for accessible formats and communication supports to determine the suitability of the request.  Continue to prepare emergency procedures, plans and public safety information and make the information available to the public as well as provide accessible formats and communication supports.  Continue to review and update municipal election plans, policies, procedures and forms to reflect the needs of electors and candidates with disabilities and to ensure that all voting places are accessible to all electors in 2022. Employment Standard  Continue to educate staff on this plan and relevant accessibility policies.  Continue to regularly review Human Resources policies to prevent or remove systemic employment barriers, ensure they are compliant with legislation and reflect best practices.  Continue to notify about the availability of accommodation for persons with disabilities.  Continue to comply with the legislated requirements for: o Recruitment o Workplace Emergency Response Information o Return to Work Process o Performance Management Page 57 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 12 of 14 o Career Development and Advancement o Redeployment Transportation Standard  Continue to follow the intent and spirit of the AODA legislation.  Continue to monitor tariff fees and ensure that licensed owners and operators of taxicabs are prohibited from charging a higher fare or additional fees for persons with disabilities, from charging a fee for storage of mobility aids or assistive devices, ensure that vehicle registration and identification information is on the rear bumper of taxicabs, owners and operators make available vehicle registration and identification information in accessible formats.  Continue to encourage taxicab owners to add accessible taxicabs to the community.  Identify planning for accessible bus stops and shelters.  Continue to consult the Accessibility Advisory Committee, the public and people with disabilities in the following areas: o Bus stops and shelters o Accessibility Plans  Ensure that the T:GO transit system is accessible. Design of Public Spaces Standard  Continue to consult the Accessibility Advisory Committee, the public and people with disabilities in the following areas: o Recreational Trails o Outdoor Play Spaces o Exterior Paths of Travel – Rest Areas o On-Street Parking  Continue to implement maintenance of accessible elements as outlined in our Multi-Year Accessibility Plan.  Incorporate accessibility retrofits during renovation projects and new constructions for Town of Tillsonburg facilities and public spaces.  Engage/consult during project planning, design and implementation stages.  Continue to comply with the legislated requirements for: o Recreational Trails and Beach Access o Outdoor Public Eating Areas o Outdoor Play Spaces o Exterior Paths of Travel – Ramps, Stairs, Curb Ramps, Depressed Curbs, Accessible Pedestrian Control Signals, Rest Areas o Accessible Parking Page 58 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 13 of 14 o Obtaining Services – Service Counters, Fixed Queuing Guides, Waiting Areas  Continue to comply with the Barrier-Free Design of the Ontario Building Code for new construction and major renovations.  The Town will continue committing to encouraging the private sector, when undergoing material alterations, to retrofit existing buildings for accessibility and developing suitable policies and procedures.  Continue annual sidewalk inspection program in accordance with O. Reg 239/02 Maintenance Standards for Municipal Highways.  Continue accessible sidewalk crossing design in all road reconstruction projects.  Staff will document barrier issues identified through site tours by the Accessibility Advisory Committee and explore solutions.  Installation of a wheelchair swing in a public park. Page 59 of 295 Town of Tillsonburg Multi-Year Accessibility Plan 2019-2023 Page 14 of 14 Appendix C: Accessibility Comment or Complaint Form Accessibility Comment or Complaint Form Name: _____________________________ Phone: _____________________________ Email: _____________________________ Address: _____________________________ Subject: _____________________________ Message Body: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Page 60 of 295 Page 1 of 2 Subject: 2020 Interim Tax Levy By-Law Report Number: FIN 20-01 Author: Denis Duguay Meeting Type: Council Meeting Meeting Date: Monday, January 13, 2020 Recommendation: THAT Council receives Report FIN 20-01 2020 Interim Tax Levy By-Law; AND THAT the 2020 Interim Tax Levy By-Law 2020-003 be brought forward for Council consideration. Discussion: The Municipal Act allows for a By-Law to be passed to provide for an interim tax levy on the assessment of property in the municipality. Accordingly, By-Law 2020-003 is brought forward for Council consideration. Financial Impact/Funding Source: N/A Attachments: Appendix A: By-Law 2020-003 Page 61 of 295 FIN 20-01 Page 2 of 2 Report Approval Details Document Title: 2020 INTERIM TAX LEVY REPORT AND BYLAW.docx Attachments: - By-Law 2020-003.docx Final Approval Date: Jan 8, 2020 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Jan 8, 2020 - 8:38 AM Page 62 of 295 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-003 A BY-LAW To Provide for an Interim Tax Levy for the year 2020. WHEREAS section 317 of the Municipal Act, 2001, S.O. 2001, CHAPTER 25, provides that the council of a local municipality, before the adoption of estimates for the year under section 290, may pass a by-law levying amounts on the assessment of property in the local municipality ratable for local municipal purposes; AND WHEREAS the Council of this municipality deems it appropriate to provide for such interim levy on the assessment of property in this municipality; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. The amounts levied shall be as follows: a) The amount levied on a property shall not exceed the prescribed percentage or 50 per cent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year. b) The percentage under paragraph “A” may be different for different property classes but shall be the same for all properties in a property class. c) For the purposes of calculating the total amount of taxes for the year 2019 under paragraph “A”, if any taxes for municipal and school purposes were levied on a property for only part of the year 2019 because assessment was added to the tax roll during 2019, an amount shall be added equal to the additional taxes that would have been levied on the property if the taxes for municipal and school purposes had been levied for the entire year. 2. The provisions of this by-law apply in the event that assessment is first added to the Collector’s roll for the year 2020 and an interim levy shall be imposed at the prescribed percentage or 50 per cent if no percentage is prescribed, of the total tax rates levied for that class in the previous year. 3. All taxes levied under this by-law shall be payable into the hands of the Collector in accordance with the provisions of this by-law. Page 63 of 295 4. There shall be imposed on all taxes a penalty for non-payment or late payment of taxes in default of the installment dates set out below. The penalty shall be one and one-quarter percent (1¼%) of the amount in default on the first day of default and on the first day of each calendar month during which the default continues, but not after the end of 2020. 5. The interim tax levy imposed by this by-law shall be payable in two (2) installments due on the following dates: First Installment: The 20th day of February, 2020 Second Installment: The 21st day of May, 2020 6. The Collector may mail or cause to be mailed to the address of the residence or place of business of each person taxed under this by-law, a notice specifying the amount of taxes payable. 7. The notice to be mailed under this by-law shall contain the particulars provided for in this by-law and the information required to be entered in the Collector’s roll under section 343 of the Municipal Act, 2001. 8. The subsequent levy for the year 2020 to be made under the Municipal Act shall be reduced by the amount to be raised by the levy imposed under this by-law. 9. The provisions of section 317 of the Municipal Act, 2001, apply to this by-law with necessary modifications. 10. The Collector shall be authorized to accept part payment from time to time on account of any taxes due, and to give a receipt of such part payment, provided that acceptance of any such part payment shall not affect the collection of any percentage charge imposed and collectable under section 4 of this by-law in respect of non-payment or late payment of any taxes or any installment of taxes. 11. Nothing in this by-law shall prevent the Collector from proceeding at any time with the collection of any tax, or any part thereof, in accordance with the provisions of the statutes and by-laws governing the collection of taxes. 12. In the event of any conflict between the provisions of this by-law and any other by-law, the provisions of this by-law shall prevail. Page 64 of 295 13. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 13th day of JANUARY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 13th day of JANUARY, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 65 of 295 Page 1 of 2 Subject: Reserve Policy Amendment Report Number: FIN 20-03 Author: Dave Rushton CPA, CMA Meeting Type: Council Meeting Meeting Date: Monday, January 13, 2020 Recommendation: THAT Council receives Report FIN 20-03 Reserve Policy Amendment; AND THAT By-Law 2020-008 be brought forward for Council’s consideration. Background: Council approved the establishment of the J.L. Scott McLean Trust was defined and Trustees appointed through By-Law 4126 on the 21st day of August, 2017 however the overall governing By-law was not amended at that time. On December 2, 2019 council approved the creation of an Insurance Reserve in through Report FIN 19-28 Insurance Reserve Policy. Discussion: The insurance reserve will be in times when the number of claims and values exceed the amount planned in the budget process. The Reserve Policy needs to be updated to reflect recent amendments made through Council resolution. A red lined version is attached to this report for Council’s review. The formatting of the policy was updated and a policy statement, purpose and scope were added. Financial Impact/Funding Source: The amendment of the policy adds a reserve and a trust into the overall policy allowing monies to be saved for specific purposes. The Trust is funded from donations and interest earned and the Reserve is funded from the unused amounts in the insurance claim account and interest earned. Page 66 of 295 FIN 20-03 Page 2 of 2 Community Strategic Plan (CSP) Linkage: 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Demonstrate accountability Attachments: Appendix A: Reserve Policy Red Lined Version Page 67 of 295 5-005 Page 1 of 5 FINANCE Policy 5-005: Reserve Policy Approval Date: January 13, 2020 Approval Authority: Council, By-Law 2020-008 Effective Date: January 13, 2020 Next Scheduled Review Year: Department: Finance Last reviewed: January 13, 2020 Revision Date/s: May 8, 2017 (By-Law 4107) Schedules: Schedule A: List of Reserves Schedule B: List of Obligatory Reserves Schedule C: Trust Fund Policy Policy Statement: A Policy governing the management and administration of reserves and reserve funds. Purpose: The purpose of this policy is to establish consistent principles, standards and guidelines for the maintenance, management and accounting of reserves and reserve funds. The primary purpose for reserves and reserve funds is: •Adherence to statutory requirements; •Promotion of financial stability and flexibility; •Provision for major capital expenditures; •Smooth expenditures which would otherwise cause fluctuation in the operating budget; and •To take advantage of financial opportunities that may arise. Scope: The Municipal Act, 2001, section 290 provides that a municipality’s budget shall set out amounts to be paid into and out of reserves. A municipality may establish reserve funds for any purpose for which it has authority to spend money. Definitions: “Reserves" are a provision or amount that is designated for a future purpose and are established by approval of Council and are not restricted by legislation. They can be related to projects that are of a nature prescribed and managed by approval of Council. Examples include the Airport Reserve or IT Reserve. Reserves receive an annual interest allocation. "Reserve Funds" are restricted by municipal by- laws or agreements and receive an annual interest allocation based on the average annual balance. The Town has two Page 68 of 295 5-005 Page 2 of 5 classifications of Reserve Funds, Obligatory Reserve Funds and Discretionary Reserve Funds. “Obligatory Reserve Funds” are restricted by legislation, by- laws or agreements. Some of the Obligatory Reserve Funds are the Development Charge Fund, the Gas Tax Fund and the Building Permit Reserve Fund. “Discretionary Reserve Funds” have been created for a specific purpose by Council. Examples include Capital Infrastructure Reserve, Parking Reserve and Lake Lisgar Revitalization. Implementation Procedure: 1. Objectives 1.1. To establish reserves as approved by Council for: i. Future capital expenditures ii. Operating projects and surpluses iii. Sale of fixed assets or land iv. Unexpected or unplanned events v. The reduction of debt financing vi. Or any other purpose that Council designates that would otherwise cause fluctuations in the operating or capital budgets. 1.2. To establish reserve funds through the adoption of a by- law for specific purposes as approved by Council. 1.3. All reserves held in cash will be held in a separate bank account. 2. Accountability 2.1. The Director of Finance or his/ her designate shall maintain accountability on behalf of Council relating to the administration of reserves, including the process to transfer to and from reserves once approved by Council and the allocation of interest. 2.2. Staff provides recommendations on the transfer of funds. 3. Prescribed Council Authority 3.1. Establish new reserves; 3.2. Close existing reserves; 3.3. Amalgamate reserves; 3.4. Transfer funds to and from reserves via the approved annual budget; 3.5. Transfer funds to and from reserves through Council resolution not addressed through the budget process. 4. Reporting 4.1. Annually, as part of the budget process, staff will prepare an update on all of the reserve and reserve funds. Each fund will have a policy statement, source of revenue an expenses, recommended target levels, the year- end balance and any other pertinent data. The budget will provide any balances and show a summary of revenues and expenses. In addition, the balances of the reserve and reserve funds are provided in the Town' s audited financial statements. Page 69 of 295 5-005 Page 3 of 5 5. Approved Reserves and Trust Funds 5.1. Schedule A attached lists all of the Reserve Funds, Schedule B the Obligatory Reserve Funds and Schedule C the list of Trust Funds. These schedules will be reviewed annually and the schedules modified with new, amalgamated or closed reserves. Page 70 of 295 5-005 Page 4 of 5 Schedule A: List of Reserves Airport Reserve Asset Management Funding Reserve Cemetery Reserve Council Reserve Development Remediation Reserve Downtown Parking Reserve Economic Development Reserve Election Reserve Engineering Reserve Facility Infrastructure Reserve Fire Department Equipment Reserve Fire Department Labour Reserve Fleet and Equipment Reserve Insurance Reserve IT Equipment Reserve Linear Infrastructure Reserve Physician Recruitment Reserve Police Reserve Police Services Board Reserve Recreation Culture and Parks Reserve Tax Rate Stabilization Reserve Transit Reserve Waste Management Reserve Winter Maintenance Reserve Page 71 of 295 5-005 Page 5 of 5 Schedule B: List of Obligatory Reserves Building Fee Reserve Development Charge Reserves Gas Tax Rebate Reserve Schedule C: Trust Fund Policy Annandale House Trust Cemetery Maintenance Trust Cemetery Perpetual Care Trust Cemetery Prepaid Trust Community Trust Lake Lisgar Revitalization Trust Parkland Trust Scholarship Trust J.L. Scott McLean Trust Page 72 of 295 Page 1 of 2 Subject: Revised 2020 Rates and Fees By-Law Report Number: FIN 20-04 Author: Dave Rushton, CPA CMA, Director of Finance Meeting Type: Council Meeting Meeting Date: Monday, January 13, 2020 Recommendation: THAT Council receives the Revised 2020 Rates and Fees Schedule; AND THAT By-Law 2020-001 be brought forward for a third and final reading. Background: Subsequent to the first and second reading of the By-Law 2020-001 for 2020 Rate and Fees, Council has authorized the purchase and installation of a waterslide at Lake Lisgar Water Park to be complete for the 2020 Season starting in late June. Discussion: When the previous waterslide was removed from service, prices for admission were dropped. The amendment to the Rates and Fees reflect this extra value. Consultation: The rates were developed by the Recreation, Culture and Parks team. Financial Impact/Funding Source: It is expected that both the return of the water slide and the rate change will increase the revenue for the water park. Page 73 of 295 FIN 20-04 Page 2 of 2 Community Strategic Plan (CSP) Linkage: 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Demonstrate accountability 2. 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 3. 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 Attachments: Appendix A – By-law 2020-001 Schedule A Page 74 of 295 Building-Bylaw-Clerks-PlanningItem 2019 Fee Proposed 2020 Fee % Change TaxAnimal ControlBoarding Fee Cat 25.00 25.00 0%HSTBoarding Fee Dog 25.00 25.00 0%HSTCall out fee for service 110.00 110.00 0%HSTDog license - spayed or neutered before March 31 (discounted) 17.00 17.00 0%ExemptDog license - spayed neutered after March 31 35.00 35.00 0% ExemptDog license - intact - before March 31 (discounted) 22.00 22.00 0%ExemptDog license - intact - after March 31 40.00 40.00 0% ExemptCat license - spayed or neutered before March 31 15.00 15.00 0%ExemptCat license - spayed neutered after March 31 20.00 20.00 0%ExemptCat license - intact - before March 31 20.00 20.00 0%ExemptCat license - intact - after March 31 25.00 25.00 0%ExemptCat/dog license - replacement 5.00 5.00 0%ExemptEuthanasia and Disposal - Cat 60.00 60.00 0%HSTEuthanasia and Disposal - Dog 80.00 80.00 0%HSTLive Trap Placement 110.00 110.00 0%HSTMuzzle Order Appeal 200.00 200.00 NEWExemptBy-law EnforcementInvoice admin processing fee 250.00 255.00 2%HSTIssue Order 125.00 130.00 4%HSTRe-issuance of Permit/License/Document 50.00 50.00 0%ExemptFortification By-Law Exemption Application - single family dwelling or not-for- 150.00 150.00 0%HSTFortification By-Law Exemption Application - Multi-Residential, Commercial, 400.00 400.00 0%HSTProperty Standards Appeal 350.00 360.00 3%ExemptNoise By-Law Exemption Permit - Minor 250.00 250.00 0%ExemptNoise By-law Exemption Permit - Major 375.00 375.00 0%ExemptBuilding - FeesBuilding - photocopies - larger than ledger 3.00 3.00 0%HSTBuilding Certificate 55.00 55.00 0%ExemptPermit fees - amend existing permit 55.00 55.00 0%Permit Review Fee - major amendment to existing permit 50.00 51.00 2% HSTBuilding - FeesResidential – New Low Density - Single Detached & Townhouses Minimum permit fee $2,326.00OR$130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction- whichever is greater- plumbing permit fees included Minimum permit fee $2,373.00OR$133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction- whichever is greater- plumbing permit fees included 2% ExemptResidential – Mobile Homes, Low Density, Medium Density, High Density, Additions, Alterations, etc. $130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included 2% Exempt1Page 75 of 295 Building-Bylaw-Clerks-PlanningItem 2019 Fee Proposed 2020 Fee % Change TaxICI – New $130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included 2% ExemptICI Major Alterations/Renovations/Additions(> 75,000) $1,037.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included $1,058.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included 2% ExemptICI Minor Alteration/Renovations/Additions($75,000 or less) $259.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included $265.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included2% ExemptDecks, Sheds, Accessory Buildings, Pools, etc. $130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction. $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction. 2% ExemptPart 9 Residential Demolition 130.00 133.00 2%ExemptDemolition – all others 519.00 530.00 2%ExemptWater Connection, Sewer Connection or repair 130.00 133.00 2%ExemptChange of Use Permit (no construction) 259.00 265.00 2%ExemptConditional Permit Agreement 259.00 265.00 2%ExemptAlternative Solution Review 519.00 + cost of peer review 530.00 + cost of peer review 2%ExemptOccupant Load Inspection Analysis & Report 78.00/hr 80.00/hr 3%ExemptAGCO Agency Approval 78.00 80.00 3%ExemptRe-inspection 78.00 80.00 3%ExemptIssue Order 125.00 130.00 4%ExemptTransfer Permit 104.00 107.00 3%ExemptConstruction w/o Permit Double the initial permit rate Double the initial permit rate 0%ExemptSignsPermit fees - signs - permanent a) $75.00 first $1,000.00 of estimated value of construction plus b) $5.00 per each additional $1,000.00 or part there of a) $75.00 first $1,000.00 of estimated value of construction plus b) $5.00 per each additional $1,000.00 or part there of 0% ExemptPermit fees - signs - mobile 30.00 30.00 0%ExemptPermit fees - sign - construction/placement without a permit double initial permit fee double initial permit fee 0%ExemptSign Variance - Minor Variance - Director Approval 275.00 275.00 0%ExemptSign Variance - Major Variance - Council Approval 400.00 400.00 0%ExemptSign Variance - Appeal Application 275.00 275.00 0%ExemptSign Variance - after the fact 1.5 the initial application rate 1.5 the initial application rate 0% ExemptSign Removal - General 125.00/sign 125.00/sign 0%HSTSign Removal - Mobile Sign 275.00/ea 280.00/ea 0%HSTSign Removal - Posters 25.00/ea + cost to repair any damage to public property 25.00/ea + cost to repair any damage to public property 0% HSTSign Removal - Temporary Signs 25.00/ea 25.00/ea 0%HSTSign Removal - A-Frame/Sandwich Board/Sidewalk Signs 100.00/ea 100.00/ea 0%HSTSign Removal - Banner Sign 250.00/ea 250.00/ea 0%HST2Page 76 of 295 Building-Bylaw-Clerks-PlanningItem 2019 Fee Proposed 2020 Fee % Change TaxPermit fees - temporary buildings 2,000.00 2,000.00 0%ExemptPermit fees - transfer of permit 55.00 56.00 2% ExemptBuilding LicencesTaxi Cab Driver's Licence 35.00 35.00 0% ExemptTaxi Cab Owner Stand 125.00 125.00 0% ExemptTaxi Cab Owner Licence 50.00 50.00 0% ExemptTaxi Cab Vehicle Licence 65.00 65.00 0% ExemptGroup Transportation Owner Licence 50.00 50.00 0%Group Transportation Drivers Licence 35.00 35.00 0%Group Transportation Vehicle Licence 75.00 75.00 0%Group Transportation Vehicle Licence Renewal 50.00 50.00 0%Limousine Driver's Licence 65.00 65.00 0% ExemptLimousine Owner Licence 70.00 70.00 0% ExemptLimousine Vehicle Licence 72.00 72.00 0%ExemptKennel - new 100.00 100.00 0% ExemptKennel - renewal 100.00 100.00 0%ExemptClerk Issued Documents -LicencesBusiness Licence New Business 140.00 140.00 0%ExemptHome occupation Business 140.00 140.00 0%ExemptBusiness Licence per yearAuctioneer Licence 205.00 205.00 0%ExemptPawnbroken Licence - renewal 65.00 65.00 0%ExemptPawnbroker Licence - new 205.00 205.00 0%ExemptPawnbroker Security Deposit - refundable 2,000.00 2,000.00 0%ExemptVending/Salesperson Licence 205.00 205.00 0%ExemptFood Vending Licence 205.00 205.00 0%ExemptEvent Organizer Licence 205.00 205.00 0%ExemptOther Marriage Licence 130.00 130.00 0%ExemptMarriage Ceremony - Council Chambers 250.00 250.00 0%HSTMarriage Ceremony - Other Location 300.00 300.00 0%HSTWitness if required 25.00 25.00 0%HSTBurial Permits 20.00 20.00 0%ExemptPhotocopying/ Printing double sided 0.55 0.55 0% HSTPhotocopying/ Printing single sided 0.50 0.50 0% HST3Page 77 of 295 Building-Bylaw-Clerks-PlanningItem 2019 Fee Proposed 2020 Fee % Change TaxComissioner of Oaths Signatures where Clerk must produce affidavit (max. 3 see notes) 25.00 25.00 0% noneCommissioner of Oaths Signatures or Certified True Copies (max. 5 see notes) 25.00 15.00 -40% noneRegister Document on Title 200.00 250.00 25%ExemptRemove/Release Document from Title 200.00 250.00 25%ExemptTitle Search 55.00 75.00 36%ExemptFreedom of Information Request (FOI) - Initial Fee 5.00 5.00 NEWExemptPlanning & DevelopmentCash-in-lieu of parkland (consents) 1,000.00 1,000.00 0%ExemptPlanning Application - Minor Variance 900.00 950.00 6%ExemptPlanning Application - Minor Variance - after the fact 1,800.00 1,900.00 6%ExemptPlanning Application - Site Plan - Minor 500.00 515.00 3%ExemptPlanning Application - Site Plan - Minor - after construction 1,000.00 1,030.00 3%ExemptPlanning Application - Site Plan - Major 1,000.00 1,050.00 5%ExemptPlanning Application - Site Plan - Major - after construction 2,000.00 2,100.00 5%ExemptPlanning Application - Site Plan - Amendment Application 500.00 515.00 3%ExemptPlanning Application - Site Plan - Amendment Application after-the-fact 1,000.00 1,030.00 3%ExemptSite Plan Application - 3rd & subsequent submissions 500.00 515.00 3%ExemptSite Plan Agreement Administration Fee (includes registration on title) 500.00 515.00 3%ExemptPlanning Application - Zone Change- prior to use 1,200.00 1,250.00 4%ExemptPlanning Application - Zone Change- after use has occupied 2,400.00 2,500.00 4%ExemptPlanning Application - Zoning - Removal of (H) 250.00 260.00 4%ExemptSubdivision Certificate 55.00 60.00 9%ExemptZoning Certificate 50.00 55.00 10%ExemptCivic Addressing - Readdressing - 100.00 NEWExemptLand Division (severance) Clearance Letter 50.00 55.00 3%ExemptSeverance Agreement 1,000.00 1,025.00 3%ExemptPlanning - Preservicing Agreement Administration fee 1,500.00 1,550.00 3%HSTSubdivision Agreement Administration Fee 1,500.00 1,550.00 3%HSTSubdivision Drawing Review (per lot) 100.00 105.00 0%ExemptSubdivision Drawing Review Fee (per lot) - 3rd submission & thereafter 50.00 52.50 0%ExemptEngineering Inspection Fee 150.00 175.00 0%ExemptStorm Water Management Pond Review 500.00 525.00 0%ExemptEncroachment Agreement Fee 1,300.00 1,350.00 4%ExemptEncroachment Permit Fee 25.00 NEWHSTEasement Research Request 110.00 115.00 5% ExemptEngineering Certificate Request 110.00 115.00 5% Exempt4Page 78 of 295 FinanceItem 2019 Fee Proposed2020 Fee % Change Tax UnitCorporatePhotocopying/ Printing double sided 0.55 0.55 0%HSTper pagePhotocopying/ Printing single sided 0.50 0.50 0%HSTper pageInterest on overdue accountsInterest on Interest on 0%HSTper monthTax DepartmentTax certificate50.00 50.00 0%ExempteachTax registration service costs3,000.00 3,000.00 0%ExempteachTax Bill reprint10.00 10.00 0%ExempteachTax receipt 10.00 10.00 0%ExempteachPayment Redistribution15.00 15.00 0%ExempteachWater/Sewer Admin Charge45.00 45.00 0%ExempteachTax Statement (Paper Copy Only) - 10.00 100%exempteachCorporateNSF FeeNSF FeeNSF FeeExempteach5Page 79 of 295 TCCPrograms 2020 Fee Tax UnitCommunity Centre - AquaticsAquafit - 10 passes 53.55 HST10 passesAerobics - 10 passes 53.55 HST10 passesAquafit - 20 passes 84.75 HST20 passesAquatfit/Aerobics Classes - 50 passes 168.20 HST50 passesAquafit/Aerobics Classes - 100 passes 297.05 HST100 passesAerobics - 20 passes 83.05 HST20 passesAerobics - 5 passes 37.70 HST5 passes30 minute Swimming Lesson 55.70 Exempt8 lessons45 minute Swimming Lesson 59.00 Exempt8 lessons60 minute Swimming Lesson 62.20 Exempt8 lessonsBronze Star 63.65 HSTcourseBronze Medallion 79.05 HSTper courseBronze Cross 79.05 HSTper courseFirst Aid 100.00 HSTper courseFirst Aid Recert 70.00 HST per courseNational Lifeguard 218.60 HSTper courseNational Lifeguard Recert 52.00 HSTper courseAssistant Swimming Instructors School 67.40 HSTper courseAdditional Fee 27.85 HSTper courseSwim for Life Instructors School 106.25 HSTper courseLifesaving Instructors 106.70 HSTper courseSwim/Lifesaving Instructors 218.60 HSTper coursePrivate Lessons (14+ years) 114.65 HST6 classesPrivate Lessons 114.65 Exempt 6 lessonsLifesaving Sport Fundamentals 59.35 Exempt8 lessonsSwim Synchro Swimming Lessons 59.35 Exempt8 lessonsSynchronized Swimming Team 505.10 Exempt9 MonthsFirst Aid Instructor 107.20 HSTper courseNational Lifeguard Instructor 153.90 HSTper courseExaminer Standards/Advanced Instructors 38.65 HSTper courseCommunity Centre - classes, courses, and campsAdult Friendly Badminton 71.10 HST13 lessonsBabysitting Course 55.20 Exempt8hr courseBus Trip - Base (Youth Trips) 56.10 ExemptBus Trip - Adults 175.00 HSTBus Trip Adults 95.00 HSTeachBus Trip 80.00 HSTeachBus Trip 85.00 HSTeachBus Trip 90.00 HSTeachBus Trip 95.00 HSTeachBus Trip 100.00 HSTeachBus Trip 105.00 HSTeach6Page 80 of 295 TCCPrograms 2020 Fee Tax UnitBus Trip 110.00 HSTeachBus Trip 115.00 HSTeachBus Trip 120.00 HSTeachBus Trip 125.00 HSTeachBus Trip 130.00 HSTeachBus Trip 135.00 HSTeachBus Trip 140.00 HSTeachBus Trip 145.00 HSTeachBus Trip 150.00 HSTeachBus Trip 155.00 HSTeachBus Trip 160.00 HSTeachBus Trip 165.00 HSTeachBus Trip 170.00 HSTeachBus Trip 175.00 HSTeachDance 30 min class 37.25 Exempt6 lessonsDance 45 min class 60.00 Exempt6 lessonsDance 60 min class 68.45 Exempt6 lessonsFitness for Teens 71.70 HST8 lessonsStability Ball 71.70 HST6 lessonsFloor Gymnastics 56.00 HST6 lessonsUltimate Mix Sports 37.95 HST6 lessonsIndoor Soccer 37.95 HST6 lessonsKarate - Kids Karate 60.50 Exempt12 lessonsKarate - Tiny Tigers 48.75 Exempt12 lessonsPreSchool Program 60.50 Exempt10 lessonsLearn to Run (Clinic) 72.75 HST12 lessonsWorkshops - 1/2 day 27.55 HSTWorkshops - Specialty Course 82.80 HSTWorkshops - 8 hours 110.35 HSTYoga 27.55 HST6 lessonsYouth Boys/Girls Volleyball 37.25 HST6 lessonsYouth Co-Ed Basketball Gr 5/6 37.25 HST6 lessonsYouth March Break Program - daily 35.00 ExemptdailyYouth Camp - week 140.90 ExemptweekYouth Camp day 35.00 ExemptdailyYouth Camp Lunch 6.00 ExempteachYouth Camp Special 194.45 ExemptweekYouth Camp - short week 113.60 ExemptCancellations less than 24 hours notice 70% of registration Community Centre - EventsRun - 10km - day of registration 53.00 HSTper personRun - 10km - regular registration 42.60 HSTper personRun - 10km - early bird registration 37.40 HSTper personRun - 5km - regular registration 37.40 HSTper personRun - 5km - early bird registration 32.20 HSTper personRun - 5km - day of registration 47.80 HSTper personBike Tour - 25km 20.80 HSTper person7Page 81 of 295 TCCPrograms 2020 Fee Tax UnitBike Tour - 40km 41.60 HSTper personBike Tour - 100km 62.40 HSTper personBike Tour - 100mi 83.20 HSTper personCommunity Centre - Facility RentalsArena - Weekdays before 5pm & after 11pm 95.95 HSThourArena - Weekdays after 5pm & weekends 178.30 HSThourArena - Minor 125.25 HSThourArena - Shinny 5.80 HSTper personArena - Ice Flat Rate 433.00 HSTper dayArena Floor - Commercial 2,281.65 HSTper dayArena Floor - Full Use 1,719.15 HSTper dayArena Floor - Flat Fee (no set up) 562.45 HSTper dayArena Floor - Chilled Floor (additional fee) 2,164.85 HSTper dayArena Floor - Hourly League Fee 69.45 HSTper hourArena Floor - Set up Day/Tear Down Day 859.55 HSTper dayArena Storage Room A 27.00 HSTper monthArena Storage Room B 16.25 HSTper monthArena Storage Room C 5.60 HSTper monthArena - Mini Practice Rink 46.20 HSThourAuditorium - Friday or Saturday 541.20 HSTper dayAuditorium - Sunday - Thursday 302.45 HSTper eveningAuditorium - Hourly 61.10 HSTRoom Set up & Decorating Fee (Day before) 113.55 HSTBall Diamond - Occasional Use 81.20 HSTper dayBall Diamond - Seasonal Youth Team 81.20 HSTBall Diamond - Seasonal Team Practice 286.50 HSTper teamBall Diamond - Seasonal Adult Team 472.25 HSTper teamBall Diamond - 2-day Tournament (Annandale Diamonds) 557.10 HST2 daysBall Diamond - Tournament per diamond per day 81.20 HSTper diamond/dayBall Diamond - portable washrooms - 1 day tournament 212.25 HST2 unitsBall Diamond - portable washrooms - 2 day tournament 265.30 HST2 unitsTractor with Groomer - Prep Friday 80.70 HSTper eventTractor with Groomer - Prep Saturday 40.40 HSTper eventTractor with Groomer - Prep Sunday 40.40 HSTper eventTractor with Groomer - Repair Monday 79.05 HSTper eventAdministrative Fees 106.10 HSTper eventSite clean up - 1 or 2 day event 172.70 HST3 staffBall Diamond - Keys 12.15 HST Ball Diamonds - Lights left on/equipment not stored properly 52.00 HSTper occurrenceDamage Deposit 530.60 ExemptDen - Fri or Sat 184.70 HSTper dayDen - Sun - Thursday 134.75 HSTper dayDen - Hourly 32.30 HSTEntire TCC Building - 1 arena 9am-4pm 2,154.25 HSTEntire TCC Building - 2 arenas 9am-4pm 2,706.05 HSTGibson House 71.70 HSTper dayGibson House - Hourly 28.05 HSTper hour8Page 82 of 295 TCCPrograms 2020 Fee Tax UnitKinsmen Canteen 27.55 HST per dayLobby Area 33.15 HSTMarwood B or C 71.70 HSTper dayMarwood BC 140.05 HSTper dayMarwood B or C - Hourly 27.05 HSTMarwood BC - Hourly 32.35 HSTMemorial Pavilion (full) or Kinsmen Bandshell 93.55 HST per dayMemorial Pavilion (half) or Kinsmen Bandshell 58.35 HST per dayMemorial Park for Major Concert (includes bandshell & pavilion) 663.00 HST per event up to 4 daysNewman Park Gazebo 56.80 HST per dayParking Lot 113.55 HST per dayRotary Room 71.70 HSTRotary Room - Hourly 27.55 HSTRowing Club per month 100.45 HSTSchool Lessons 3.90 Exempt per personSwim to Survive Rentals 93.10 Exempt per hourSwim Meet 319.45 HST per daySwim Meet Evening 156.70 HST per dayStorage Pool Deck 28.05 HST per monthSwim Lane 15.90 HST per hourStorage Rooms 112.50 HST per contractStorage Office A 27.55 HST per monthStorage Office B 16.65 HST per monthStorage Office C 5.70 HST per monthPool - 0-50 swimmers 90.90 HST per hourPool - 101+swimmers 231.65 HST per hourPool - 51-100 swimmers 123.40 HST per hourTicket Ice - 10 ePunch 7.55 HSTeachWaterPark - 0-100 swimmers 324.80 HSThourWaterPark- 0-100 swimmers - extra hour 216.40 HST add. Hr.Waterpark 101-300 swimmers 441.70 HSThourWaterpark 101-300 swimmers - extra hour 324.80 HST add. Hr.Waterpark 300+ swimmers 595.40 HSThourWaterpark 300+ swimmers - extra hour 470.80 HST add. Hr.Waterpark Board of Ed 100 swimmers 288.00 HSThourWaterpark Board of Ed 100 swimmers add. Hr. 160.00 HST add. Hr.Waterpark Board of Ed 100+ swimmers 512.10 HSThourWaterpark Board of Ed 100+ swimmers add. Hr. 256.10 HST add. Hr.Community Centre - Leagues and MembershipsAdult League - Individual 60.49 HSTeachAdult League - Team 390.56 HST per teamCourt Membership - Adult 54.06 HST SeasonalCourt Membership - Youth 19.48 HST Seasonal9Page 83 of 295 TCCPrograms 2020 Fee Tax UnitDisc Golf - Deposit 21.22 HSTDisc Golf - Set 35.09 HSTeachDisc Golf - Single 13.36 HSTeachTennis Lessons - 1 hour 86.50 HST 8 lessonsTennis Lessons - 1/2 hour 37.95 HST 8 lessonsTennis Advanced Lessons - 1 hour 90.20 HST 8 lessonsMembership - Aqua Fit/Aqua Jogging - 12 mo 319.36 HST 12 monthMembership - Fitness or Yoga- 10 Pass 52.00 HST 10 visitsMembership - Fitness or Yoga - 20 Pass 82.30 HST 20 visitsMembership - Parent Pass 36.60 HST 6 weeksMembership - Personal Training - 5 114.65 HST 5 sessions 1 hrMembership - Pool - 12 month 202.65 HSTeachMembership - Pool - 6 month 142.20 HSTeachMembership - Pool 20 Pass 67.40 HSTeachMembership - Weight Training 57.80 HST up to 6 hoursMembership - HC Adult - 01 month 74.80 HST 1 monthMembership - HC Adult - 03 month 196.35 HST 3 monthMembership - HC Adult - 06 month 286.50 HST 6 monthMembership - HC Adult - 12 month 439.30 HST 12 monthMembership - HC Adult - 5 pass 43.55 HST 5 visitsMembership - HC Adult - 20 Pass 174.00 HST 20 VisitsMembership - HC Family - 01 month 168.70 HST 1 monthMembership - HC Family - 03 month 421.25 HST3 month Membership - HC Family - 06 month 628.20 HST 6 monthMembership - HC Family - 12 month 880.80 HST 12 monthMembership - HC Student/Senior - 01 month 60.50 HST 1 monthMembership - HC Student/Senior - 03 month 166.55 HST 3 monthMembership - HC Student/Senior - 06 month 205.95 HST 6 monthMembership - HC Student/Senior - 12 month 324.70 HST 12 monthMembership - Student - 5 Passes 25.00 HST 5 visitsMembership- Student - 20 Passes 81.20 HSTMembership - HC Glendale Student 99.75 HST 5 MonthMembership - Special - Adult 286.50 HST 12 monthMembership - Special - Student/Senior 212.25 HST 12 monthMembership - Special - Under 14 59.30 HST 12 monthMembership - Replacement Card 5.30 HSTeachMembership - Squash Adult - 01 month 72.75 HST 1 monthMembership - Squash Adult - 03 month 190.00 HST 1 monthMembership - Squash Adult - 06 month 279.20 HST 1 monthMembership - Squash Adult - 20 pass 90.20 HST 1 monthMembership - Squash Family - 01 month 163.40 HST 1 monthMembership - Squash Family - 03 month 407.50 HST 1 monthMembership - Squash Family - 06 month 612.30 HST 1 month10Page 84 of 295 TCCPrograms 2020 Fee Tax UnitMembership - Squash Student - 01 month 59.25 HST 1 monthMembership - Squash Student - 03 month 166.60 HST 1 monthMembership - Squash Student - 06 month 205.95 HST 1 monthPay as you go - AdmissionAquatfit/Fitness/Yoga Class 8.00 HST includedeachBoard of Education - Squash/HC 2.75 HST includedBoard of Education - Arena/Pool 3.00 HST includedCourt Fee 5.10 HST includedDrop In Swimming Lessons 8.65 HST included per lessonDrop In Swimming Lessons - ea. Additional child 5.35 HST included per lessonHealth Club Adult 10.50 HST includedeachHealth Club - Youth 4.75 HST includedeachSquash 10.75 HST included per court (1 hr)Roller Skate - Admission No skate rental 2.00 HST includedRoller Skate - Admission With skate rental 5.00 HST includedSwim Child 2.00 HST includedeachSwim Family 9.00 HST includedeachSwim - Over 14 4.25 HST includedeachSkate Child 2.00 HST includedeachSkate Family 9.00 HST includedeachSkate - Over 14 4.25 HST includedeachWallyball 11.70 HST included per court (1 hr)Waterpark 2-5 yrs - HST includedeachWaterpark 60 years & over - No Waterslide 4.50 HST includedeachWaterprak 60 years & Over Half Price - No Waterslide 2.25 HST includedeachWaterpark 6-14 yrs - No Waterslide 4.00 HST includedeachWaterpark 6-14 yrs Half Price - No Waterslide 2.00 HST includedeachWaterpark Additional Family Member 2.00 HST includedeachWaterpark Adult - No Waterslide 6.75 HST includedeachWaterpark Adult Half Price - No Waterslide 3.40 HST includedeachWaterpark Family - No Waterslide 24.50 HST included per family of 5Waterpark Family Half Price - No Waterslide 12.25 HST included per family of 5Waterpark Grandparents Day - HST includedWaterpark Tillsonburg Resident Pass (6 +) - No Waterslide 30.00 HST per personWaterpark Non-resident Pass (Youth & Srs 60+) - No Waterslide 42.00 HST per personWaterpark Non-resident Pass (Adult under 60) - No Waterslide 62.00 HST per personWaterpark 60 years & over 5.50 HST includedeachWaterprak 60 years & Over Half Price 2.75 HST includedeachWaterpark 6-14 yrs 5.00 HST includedeachWaterpark 6-14 yrs Half Price 2.50 HST includedeachWaterpark Additional Family Member 2.00 HST includedeach11Page 85 of 295 TCCPrograms 2020 Fee Tax UnitWaterpark Adult 7.75 HST includedeachWaterpark Adult Half Price 3.90 HST includedeachWaterpark Family 25.50 HST included per family of 5Waterpark Family Half Price 12.75 HST included per family of 5Waterpark Tillsonburg Resident Pass (6 +) 35.00 HST per personWaterpark Non-resident Pass (Youth & Srs 60+) 47.00 HST per personWaterpark Non-resident Pass (Adult under 60) 67.00 HST per personCommunity Centre - Other feesAdmin - Refund Admin Fee 15.60 Exempt eachAdmin - Reprint receipt 5.20 Exempt eachAdmin - Consolidated Receipts (Child Tax Credit) 10.40 HSTAdmin - Copies - Single sided 0.30 HSTAdmin - Copies - Double sided 0.35 HSTUFS - Aquatics Facility User Fee Surcharge 1.00 HSTAudio/Visual - Cordless Microphones 22.30 HSTAudio/Visual - TV/DVD Sound System 22.30 HSTCamping - Non Serviced per site 32.50 HSTCamping - Serviced per site 54.10 HSTRentals - 8' wooden tables 5.60 HSTRentals - Black plastic chairs 2.10 HSTeachDelivery of Table & Chairs( per round trip) 27.00 HSTRentals - Black curtains/hardware rental per foot2.7HSTADVERTISING10% - 30% Reductions may apply to multiple advertising Advertising - Memorial Arena Board Back Lit 1,103.64 HSTeachAdvertising - Community Arena Backlit 551.82 HSTeachAdvertising - Memorial Arena Board 716.35 HSTeachAdvertising - Community Arena Board 440.44 HSTeachAdvertising - Ice Re-Surfacer - Side 551.82 HSTeachAdvertising - Ice Re-Surfacer - Top 1,103.64 HSTeachAdvertising - Ice Re-Surfacer - 3 sides 2,440.76 HSTeachAdvertising - Skate Aid 10.20 HSTper monthAdvertising - Inside Front/Back Page Glossy 1,618.33 HSTeachAdvertising - Back Page Glossy 2,164.85 HSTeachAdvertising - Brochure 1/8 page 110.36 HSTeachAdvertising - Brochure 1/4 page 193.09 HSTeachAdvertising - Brochure 1/2 page 329.97 HSTeachAdvertising - Brochure 1/2 page Inside/Back Page Glossy 649.43 HSTeachAdvertising - Brochure Full page 660.04 HSTeachAdvertising - Brochure Full page (internal corporate) 216.55 HSTeachAdvertising - Miscellaneous 110.36 HSTeachAdvertising - Digital Ad Set up 21.52 HSTeachAdvertising - Digital Ad - Monthly(min. 3 mos term) 54.06 HSTeachAdvertising - Digital Ad - Tournament/Special Events 54.06 HSTeachAdvertising - Fence - Per Season 120.97 HSTper seasonA 2nd advertisement gets 10% off both, a 3rd ad gets 20% off all 3 and a 4th 12Page 86 of 295 TCCPrograms 2020 Fee Tax UnitAdvertising - Fence - Per Year 242.05 HSTannuallyAdvertising - Infocaster Set Up 50.00 HSTeachAdvertising - Infocaster - Small Ad 25.00 HSTper monthAdvertising - Infocaster - Large Ad 50.00 HSTper monthAdvertising - Infocaster - Tournament/Special Event 50.00 HSTeachSpecial Events Tickets 20.00 HSTeachSpecial Events Tickets25.00 HSTeachSpecial Events Tickets30.00 HSTeachSpecial Events Tickets 35.00 HSTeachSpecial Events Tickets40.00 HSTeachSpecial Events Tickets45.00 HSTeachSpecial Events Tickets 50.00 HSTeachSpecial Events Tickets55.00 HSTeachSpecial Events Tickets60.00 HSTeachSpecial Events Tickets 65.00 HSTeachSpecial Events Tickets70.00 HSTeachSpecial Events Tickets75.00 HSTeachSpecial Events Tickets 80.00 HSTeachSpecial Events Tickets85.00 HSTeachSpecial Events Tickets90.00 HSTeachSpecial Events Tickets 95.00 HSTeachSpecial Events Tickets100.00 HSTeachSpecial Events Tickets105.00 HSTeachSpecial Events Tickets 110.00 HSTeachSpecial Events Tickets115.00 HSTeachSpecial Events Tickets120.00 HSTeachSpecial Events Tickets 125.00 HSTeach13Page 87 of 295 FireItem 2019 Fee Proposed 2020 Fee % Change Tax UnitFireFee for response to a nuisance fire alarm - first incident in 12 month period 224.00 228.48 2% Exempt per alarmFee for each fire apparatus dispatched to a specific address in response to a nuisance false alarm AFTER the first incident in 12 month period $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourResponse to false alarms in building required by the Ontario Building Code where work is being done on the system and the owner or his agent fails to notify the Fire Department $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourFee for each fire apparatus dispatched to the scene of a motor vehicle accident and providing fire protection or other emergency services. $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to the scene of a motor vehicle fire and providing fire protection or other emergency services. $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to the scene of a motor vehicle accident or at the scene of a motor vehicle fire and providing fire protection or other emergency services on a provincial highway. $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to Natural Gas Leak $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to a Hazardous Materials Incident. $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus assigned to a fire watch authorized by Fire Chief $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourFee for each fire apparatus dispatched to a burn complaint where the by-law is contraviened and/or fire department is required to extinguish an open air burn. $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourAdditional Fire department expense incurred during an emergency required to mitigate the emergency Actual Cost Actual Cost ExemptMTO - ARIS fee 14.00 28.00 (based on MTO set rate)eachFire Incident Report 110.50 112.71 2%HSTeachFire Investigation report 225.00 230.00 2%HSTeachFee to conduct a file search for outstanding orders/ inspection reports and respond by letter 87.50 89.25 2% HST each requestFee to conduct a requested inspection of a commercial, industrial, or institutional building less than 930m2 (10,000 sq.ft.) 222.50 227.00 2% HST eachEach additional 185m2 (2000 sq.ft.) in a commercial, industrial or institutional building 33.50 34.20 2% HST each14Page 88 of 295 FireItem 2019 Fee Proposed 2020 Fee % Change Tax UnitFee to conduct a requested inspection of a residential building up to and including 4 suites or apartments 215.00 220.00 2% HST eachEach additional suite or apartment over base fee 33.25 34.00 2%HSTeachFee to conduct a requested inspection of any licensed occupancy excluding a daycare 169.40 172.78 2% HST eachFee to conduct a requested inspection of a daycare facility 85.00 86.70 2% HST eachFee to conduct verification of fire drill scenario 210.00 215.00 2% HST eachBusiness License Inspection 83.50 85.00 2%ExempteachFee to conduct any requested inspection above that is in compliance with the Fire Code at initial inspection (50.00) (50.00) 0% HST eachFee to conduct each required re-inspection after one verification re-inspection same as original same as original 0% HST eachResidential carbon monoxide alarm or smoke alarm left with a homeowner on loan 86.50 86.50 0%HST, if not returnedper detector not returnedFire department approval as part of a Demolition Permit issued by the Building Department. 109.00 109.00 0% HST eachFee to review an application for a licence to sell Consumer Fireworks (F.1) including a site inspection and review of Fire Safety Plan 182.00 185.00 2% HST eachFee to review an application for a Display Fireworks (F.2) event 140.00 142.80 2% HST eachFee to review an application for a licence to conduct a Pyrotechnics (F.3) display including a site inspection and review of Fire Safety Plan 214.00 218.28 2% HST eachFee to issue open air burn permit 112.00 115.00 3%HSTeachFee to review a fire safety plan excluding any such review required as part of a property inspection for which a fee has been set in this by-law. 65.00 85.00 31% HST eachFee to review and/or approve a Level 1 Risk Management Plan as part of an application to the TSSA for a licence to store propane. 325.00 325.00 0% HST eachFee to review and/or approve a Level 2 Risk Management Plan as part of an application to the TSSA for a licence to store propane$780 $780 0% HST eachFee for facilitating fire safety training 111.60 111.60 0%HSTper hourFee to facilitate fire extinguisher training (theory only) 107.00 107.00 0%HSTFee to facilitate live fire training 205.00 205.00 0%HSTeachFees to facilitate public education presentations, station tours, and lectures for non-resident organizations and individuals 55.00 55.00 0% HST per hourFee to recharge self-contained breathing air cyclinders 32.00 32.00 0% HST per cylinderFee to recharge self-contained breathing air cylinders, under a special agreement with SWOX and Bayham Fire Depts 1,300.00 1,300.00 0% HST per yearFee to clean set of bunker gear 2.75 2.75 0%HSTeachRental of Training Room (excluding emergency services) 220.00 220.00 0% HST per day15Page 89 of 295 MuseumItem 2019 Fee Proposed 2020 Fee % Change Tax UnitMuseumMuseum-Admission-Adult 6.00 6.00 0%HSTdailyMuseum-Admission-Annual-Family Rate 45.00 45.00 0%HSTyearlyMuseum-Admission-Annual-Individual 20.00 20.00 0%HSTyearlyMuseum-Admission-Child 2.21 2.21 0%HSTdailyMuseum-Admission-Family Rate 12.00 12.00 0%HSTdailyMuseum-Admission-Group Rate 4.00 4.00 0%HSTdailyMuseum-Admission-Senior 5.00 5.00 0%HSTdailyMuseum-Admission-Student 3.00 3.00 0%HSTdailyMuseum Volunteer-Admission-Free FREE FREE 0%dailyMuseum-Permission Fees-Personal Use 2.50 2.50 0%HSTeachMuseum-Permission Fees-Pubication Use 5.50 5.50 0%HSTeachMuseum-Rentals-Audio Visual Equipment-Corporate FREE FREE 0%eachMuseum-Rentals-Program Room or Grounds & Gardens - 25 - 50 people 50.00 50.00 0%HSTeachMuseum-Rentals-Grounds & Gardens-Corporate 50.00 50.00 0%HSTeachMuseum-Rentals-Kitchen 25.00 25.00 0%HSTeachMuseum-Rentals-Kitchen - Corporate 35.00 35.00 0%HSTeachMuseum-Rentals-Program Room 50.00 50.00 0%HSThalf dayMuseum-Rentals-Program Room 75.00 75.00 0%HSTfull dayMuseum-Rentals-Program Room-Corporate 75.00 75.00 0%HSThalf dayMuseum-Rentals-Program Room-Corporate 100.00 100.00 0%HSTfull dayMuseum-Rentals-Tour Surcharge-Groups 100-150 100.00 100.00 0%HSTeachMuseum-Rentals-Tour Surcharge-Groups 25-50 60.00 60.00 0%HSTeachMuseum-Rentals-Tour Surcharge-Groups 51-100 75.00 75.00 0%HSTeachMuseum-Seasonal Childrens Programs 20.00 20.00 0%ExempteachMuseum-Seasonal Childrens Programs- 2nd Child 18.00 18.00 0%ExempteachMuseum- School Program- per student (1 hour) 2.50 2.50 0%ExempteachMuseum - School Program - per student (2 hours) 3.50 3.50 0%ExempteachMuseum- Special Event - Adult program 5.00 5.00 0%HSTeachMuseum - Special Event- Adult program 7.00 7.00 0%HSTeachMuseum - Special Event - Adult program 10.00 10.00 0%HSTeachMuseum - Special Event - Adult program 12.00 12.00 0%HSTeachMuseum-Slide Show Presentations-Off Site 40.00 40.00 0%HSTeachMuseum-Slide Show Presentations-On Site 30.00 30.00 0%HSTeachMuseum-Admission - Pratt Gallery only 2.50 2.50 0%HSTeachMuseum- Special Event- Lunch & Learn Series Pass 80.00 80.00 0%HSTMuseum- Special Event - Lunch & Learn- Single Pass 25.00 25.00 0%HSTMuseum - Special Event - Women's Day Luncheon 30.00 30.00 0%HSTMuseum- Special Event Tea 15.00 15.00 0%HSTMuseum - Special Event - Dinner 55.00 55.00 0%HSTper eventMuseum - Special Event - Performance 40.00 40.00 0%HSTWorkshops 35.00 35.00 0%HSTper eventWorkshops 55.00 55.00 0%HSTper event dayWorkshops 75.00 75.00 0%HSTper event dayWorkshops 100.00 100.00 0%HSTper event dayShow Tickets 45.00 45.00 0%HSTflat feeMuseum- Culture Tillsonburg Event Ticket 20.00 20.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 25.00 25.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 30.00 30.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 35.00 35.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 40.00 40.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 45.00 45.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 50.00 50.00 0%HST16Page 90 of 295 MuseumItem 2019 Fee Proposed 2020 Fee % Change Tax UnitMuseum- Culture Tillsonburg Event Ticket 60.00 60.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 65.00 65.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 70.00 70.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 75.00 75.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 80.00 80.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 85.00 85.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 90.00 90.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 95.00 95.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 100.00 100.00 0%HSTMuseum- Special Event - Tea (Tier 1) 7.00 7.00 NEWHSTMuseum-Special Event - Tea (Tier 2) 12.00 12.00 NEWHSTMuseum- Special Event - Tea (Tier 3) 20.00 20.00 NEWHSTMuseum- Special Event - Tea (Tier 4) 25.00 25.00 NEWHSTMuseum- Special Event - Tea (Tier 5) 30.00 30.00 NEWHSTWorkshop (Tier 1) 15.00 15.00 NEWHSTWorkshop (Tier 2) 20.00 20.00 NEWHSTWorkshop (Tier 3) 25.00 25.00 NEWHSTWorkshop (Tier 4) 30.00 30.00 NEWHSTWorkshop (Tier 5) 40.00 40.00 NEWHSTWorkshop (Tier 6) 45.00 45.00 NEWHSTWorkshop (Tier 7) 50.00 50.00 NEWHSTWorkshop (Tier 8) 60.00 60.00 NEWHSTWorkshop (Tier 9) 65.00 65.00 NEWHSTWorkshop (Tier 10) 70.00 70.00 NEWHSTWorkshop (Tier 11) 80.00 80.00 NEWHSTWorkshop (Tier 12) 85.00 85.00 NEWHSTWorkshop (Tier 13) 90.00 90.00 NEWHSTWorkshop (Tier 14) 95.00 95.00 NEWHSTBus Trip (Tier 1) 45.00 45.00 NEWHSTBus Trip (Tier 2) 50.00 50.00 NEWHSTBus Trip (Tier 3) 55.00 55.00 NEWHSTBus Trip (Tier 4) 60.00 60.00 NEWHSTBus Trip (Tier 5) 65.00 65.00 NEWHSTBus Trip (Tier 6) 70.00 70.00 NEWHSTBus Trip (Tier 7) 75.00 75.00 NEWHSTBus Trip (Tier 8) 80.00 80.00 NEWHSTBus Trip (Tier 9) 85.00 85.00 NEWHSTBus Trip (Tier 10) 90.00 90.00 NEWHSTBus Trip (Tier 11) 95.00 95.00 NEWHSTBus Trip (Tier 12) 100.00 100.00 NEWHSTBus Trip (Tier 13) 110.00 110.00 NEWHSTBus Trip (Tier 14) 115.00 115.00 NEWHSTBus Trip (Tier 15) 120.00 120.00 NEWHSTBus Trip (Tier 16) 125.00 125.00 NEWHSTBus Trip (Tier 17) 130.00 130.00 NEWHSTBus Trip (Tier 18) 135.00 135.00 NEWHST17Page 91 of 295 Cemetery-ParksItem2019 Fee2019 Perpetual Care Fee 2019 Net Fee Proposed2020 FeeProposed 2020 Perpetual Care Fee Proposed2020 Net Fee % Change Tax UnitInterment RightsGrave 10 x 4 700.00 280.00 420.00 700.00 280.00 420.00 0%HSTgraveInfant Grave 3X3 225.00 150.00 75.00 225.00 150.00 75.00 0%HSTgraveCremation Grave 3x3 550.00 220.00 330.00 550.00 220.00 330.00 0%HSTgraveColumbarium Niche 1,900.00 285.00 1,615.00 1,900.00 285.00 1,615.00 0%HSTnicheColumbarium Niche 1,500.00 225.00 1,275.00 1,500.00 225.00 1,275.00 0%HSTnicheColumbarium Niche 2,100.00 315.00 1,785.00 NewHSTnicheCemetery ServicesCemeteries Regulation Unit burial and cremation license 12.00 12.00 12.00 12.00 0%ExemptintermentColumbarium Niche Open/Close 200.00 200.00 200.00 200.00 0%HSTeachAdult Interment 835.00 835.00 835.00 835.00 0%HSTeachLead in fee, per 1/2 hour minimum 30.00 30.00 30.00 30.00 0%HSTper 1/2 hourChild/ Infant Interment 300.00 300.00 300.00 300.00 0%HSTeachCremated Remains Interment Infant 200.00 200.00 200.00 200.00 0%HSTeachCremated Remains Interment Adult 350.00 350.00 350.00 350.00 0%HSTeachStatutory Holidays - Funeral FeeHST eachDisinterment/Exhumation- Relocation in Same Cemetery-Adult Casket 2,087.50 2,087.50 2,087.50 2,087.50 0%HSTeachDisinterment/Exhumation- Relocation in Same Cemetery-Adult Casket in Vault 1,878.75 1,878.75 1,878.75 1,878.75 ? HST eachDisinterment/Exhumation- Relocation in Another Cemetery-Adult Casket 1,565.63 1,565.63 1,565.63 1,565.63 0%HSTeachDisinterment/Exhumation- Relocation in Another Cemetery-Adult Casket in Vault 1,409.06 1,409.06 1,409.06 1,409.06 0% HST eachDisinterment/Exhumation-Child Casket 750.00 750.00 750.00 750.00 0%HSTeachDisinterment/Exhumation-Adult Cremains (Ground) 475.00 475.00 475.00 475.00 0%HSTeachDisinterment/Exhumation-Child/Infant Cremains (Ground) 300.00 300.00 300.00 300.00 0%HSTeachMarker/Foundation ServicesUpright Monument Foundation (5' depth) 22.50 22.50 22.50 22.50 0%HSTper cubic footVeteran Standing Monument Setting 200.00 200.00 200.00 200.00 0%HSTeachUpright Monument (small) with Floater/Slab Foundation 170.00 170.00 170.00 170.00 0%HSTeachFlat Marker with Granite Border & no concrete 40.00 40.00 40.00 40.00 0%HSTeachFlat Marker with 4" concrete border 100.00 100.00 100.00 100.00 0%HSTeachUpright Monument (small) Foundation 170.00 170.00 170.00 170.00 0%HSTeachMonument Care & MaintenanceFlat Markers 50.00 50.00 50.00 50.00 0%HSTeachUpright Markers Up to 48" 100.00 100.00 100.00 100.00 0%HSTeachUpright Markers Over 48" 200.00 200.00 200.00 200.00 0%HSTeachOther Fees & ServicesTransfer Fee/Replacement - Interment Rights Certificate 45.00 45.00 45.00 45.00 0%HSTeachFlower Campaign 100.00 100.00 100.00 100.00 0%HSTPer basketWreath Campaign 60.00 60.00 60.00 60.00 0%HSTPer wreathMemorial Benches2,000.00 200.00 1,800.00 2,000.00 200.00 1,800.00 0%HSTeachMemorial Tree650.00 65.00 585.00 650.00 65.00 585.00 0% HSTeach 50% surcharge on applicable interment fee 50% surcharge on applicable interment fee Perpetual care fees regulated by the Province18Page 92 of 295 Public WorksItem 2019 Fee Proposed 2020 Fee % Change Tax UnitAirportAirport - Aircraft Parking Fees - Daily 6.00 10.00 67%HSTper dayAirport - Aircraft Parking Fees - Monthly 42.00 60.00 43%HSTper monthAirport - Aircraft Parking Fees - Yearly 600.00 NEWHSTper yearAirport - Basement Boardroom rental (15'x29') half day 45.00 45.00 0%HSTper half dayAirport - Basement Boardroom rental (15'x29') full day 80.00 80.00 0%HSTper full dayAirport - Basement Rental per hour 15.00 15.00 0%HSTper hourAirport - Boardroom Long term rental 275.00 285.00 4%HSTper weekAirport - Hangar Land Lease Fee Annually per SF 0.29 0.30 3%HSTper SFAirport - Infrastructure fee < 5,000 SF hangar 525.00 550.00 5%HSTupon signingAirport - Infrastructure fee > 5,000 SF hangar 1,050.00 1,100.00 5%HSTupon signingAirport - Maintenance fee 105.00 125.00 19%HSTper yearAirport Toque 10.00 11.50 15%HSTper unitAirport Fuel Call Out Fee 25.00 50.00 100%HSTper call outAirport Administration Fee 25.00 35.00 40%HSTper unitAirport Hangar Application Fee 300.00 305.00 2%HSTper applicationAirport Hangar Transfer Fee 150.00 155.00 3%HSTper applicationAirport Development Permit Fee 600.00 610.00 2%HSTper applicationAirport Corporate Parking Fee (waived with fuel purchase) 25.00 NEWHSTup to 4 hrsAirport Corporate Parking Fee (waived with fuel purchase) 50.00 NEWHSTper dayAirport Corporate Landing Fee (waived with fuel purchase) 40.00 NEWHSTper landingRoadsPublic Works Administration Fee 50.00 50.00 NEWHSTflat rateRoads-Labour 38.25 39.10 2%HSTper hourRoads-Labour Overtime 53.25 54.35 2%HSTper hourRoads-Labour Double Time 68.25 69.75 2%HSTper hour1/2 Ton Pickup Truck 15.00 15.00 0%HSTper hour1-Ton Truck 30.00 32.50 8%HSTper hourSingle Axle Dump Truck 80.00 80.00 0%HSTper hour With Plow & Wing 12.50 12.50 0%HSTper hour With Sander/Salter 19.50 19.50 0%HSTper hour With Plow, Wing & Sander/Salter 32.00 32.00 0%HSTper hour With Anti-Icing System 4.50 4.50 0%HSTper hourFront End Loader 70.00 70.00 0%HSTper hour With Plow Blade 7.00 7.00 0%HSTper hour With Snowblower 180.00 180.00 0%HSTper hourBackhoe 50.00 50.00 0%HSTper hourGrader 75.00 75.00 0%HSTper hourStreet Sweeper 70.00 70.00 0%HSTper hour19Page 93 of 295 Public WorksItem 2019 Fee Proposed 2020 Fee % Change Tax UnitSidewalk Machine 45.00 45.00 0%HSTper hour With Plow 6.00 6.00 0%HSTper hour With Sander 5.00 5.00 0%HSTper hour With Snowblower 17.00 18.00 6%HSTper hour With Plow & Sander 11.00 11.00 0%HSTper hour With Snowblower & Sander 22.00 23.00 5%HSTper hour With Angle Broom 8.50 8.50 0%HSTper hour With Flail Mower 10.00 10.00 0%HSTper hour With Cold Planer 35.00 35.00 0%HSTper hourLeaf Vacuum 85.00 90.00 6%HSTper hourLine Striper 12.00 12.00 0%HSTper hourSewer Rodder 90.00 95.00 6%HSTper hourWood Chipper 25.00 25.00 0%HSTper hourZero Radius Mower 25.00 30.00 20%HSTper hourPortable Pump 35.00 35.00 0%HSTper hourWalk Behind Snowblower 2.50 2.50 0%HSTper hourWalk Behind Push Mower 2.50 2.50 0%HSTper hourChainsaw 2.50 2.50 0%HSTper hourTrimmer 2.00 2.00 0%HSTper hourSmall Generator 9.50 9.50 0%HSTper hourUtility Trailer 9.00 9.00 0%HSTper hourConstruction & Demolition Disposal Cost Recovery Fee 25.00 25.00 0%HSTper load20Page 94 of 295 UtilityItem 2019 Fee Proposed2020 Fee % Change Tax UnitUtility - Returned Cheque Fee (plus bank charges) 15.00 15.00 0%HSTeachUtility-Account Set Up / Change of Occupancy Fee 30.00 30.00 0%HSTeachUtility - Late Payment (per annum)19.56%19.56%0%HST%Utility-Collection of Account Charge (no disconnection) 30.00 30.00 0%HSTeachUtility-After Hour Reconnect (at meter) 185.00 185.00 0%HSTeachUtility-During Hours Reconnect (at meter) 65.00 65.00 0%HSTeachUtility-During Hours Reconnect (at mpole) 185.00 185.00 0%HSTeachUtility-During Hours Remove Load Control Device 185.00 185.00 0%HSTeachUtility-Interval Meter 1,100.00 1,100.00 0% HST eachUtility-Special Meter Reading 30.00 30.00 0%HSTeachUtility -Service Call (after hours) 165.00 165.00 0%HSTeachUtility-Access to Utility Poles 43.63 43.63 0%HSTeachUtility-Miscellaneous Materials Mark Up 0.25 0.25 0% HST %Utility-Pole Rental - 30 ft 1.50 1.50 0% HST monthUtility-Pole Rental - 35 ft 2.25 2.25 0% HST monthUtility-Sentinal Light Rental - 150 W 3.75 3.75 0% HST monthUtility-Sentinal Light Rental - 175 W 3.75 3.75 0% HST monthUtility-Sentinal Light Rental - 250 W 4.00 4.00 0% HST monthUtility-Sentinal Light Rental - 400 W 4.00 4.00 0% HST monthUtility-Sentinal Light Rental - 70 W 3.50 3.50 0% HST monthUtility-Labour 45.50 45.50 0%HSThourUtility-Truck Charges - #26 15.00 15.00 0%HSThourUtility-Truck Charges - #30 15.00 15.00 0%HSThourUtility-Truck Charges - #41 20.00 20.00 0%HSThourUtility-Truck Charges - #65 67.50 67.50 0%HSThourUtility-Truck Charges - #66 67.50 67.50 0%HSThourUtility-Truck Charges - #68 75.00 75.00 0%HSThourUtility-Truck Charges - #74 65.00 65.00 0%HSThourUtility-Truck Charges - #22 15.00 15.00 0%HSThourUtility-Truck Charges - #28 15.00 15.00 0%HSThourUtility-Truck Charges - #44 30.00 30.00 0%HSThourUtility-Truck Charges - #45 15.00 15.00 0%HSThourUtility-Sewer Camera Job 55.00 55.00 0%HSThourUtility-Water Heater Rental - 40 gal. 11.00 12.00 9%HSTmonthUtility-Water Heater Rental - 60 gal 12.00 13.00 8%HSTmonth21Page 95 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitBag Tags2.00 2.00 0%incl HSTper tagBlue Box (apartment )3.55 3.50 -1%incl HSTBlue Box (large)5.50 5.50 0%incl HSTBlue Box Lid (large)1.50 1.50 0%incl HSTComposter10.00 10.00 0%incl HSTRain barrels45.00 45.00 0%incl HSTGreen Cones40.00 40.00 0%incl HSTFine - allow or permit an animal to trespass on private property Fine - allow or permit an animal to trespass on private property Fine - allow or permit an animal to trespass on private property Exemptper infractionFine - Fail to ensure that the animal enclosure is kept free of offensive odour Fine - Fail to ensure that the animal enclosure is kept free of offensive odour Fine - Fail to ensure that the animal enclosure is kept free of offensive odour Exemptper infractionFine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Fine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Fine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Exemptper infractionFine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Fine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Fine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Exemptper infractionFine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Fine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Fine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Exemptper infractionFine - fail to keep dog license fixed on dog/cat Fine - fail to keep dog license fixed on dog/cat Fine - fail to keep dog license fixed on dog/cat Exemptper infractionFine - fail to notify license issuer upon sale of puppy/kitten Fine - fail to notify license issuer upon sale of puppy/kitten Fine - fail to notify license issuer upon sale of puppy/kitten Exemptper infraction22Page 96 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitFine - Fail to obtain dog/cat license Fine - Fail to obtain dog/cat license Fine - Fail to obtain dog/cat license Exemptper infractionFine - fail to prevent an animal from running at large Fine - fail to prevent an animal from running at large Fine - fail to prevent an animal from running at large Exemptper infractionFine - Fail to provide animal with basic necessities Fine - Fail to provide animal with basic necessities Fine - Fail to provide animal with basic necessities Exemptper infractionFine - fail to remove or dispose of animal excrement forthwith Fine - fail to remove or dispose of animal excrement forthwith Fine - fail to remove or dispose of animal excrement forthwith Exemptper infractionFine - fail to renew dog/cat license Fine - fail to renew dog/cat license Fine - fail to renew dog/cat license Exemptper infractionFine - failing to muzzle potentially dangerous dog or dangerous dog Fine - failing to muzzle potentially dangerous dog or dangerous dog Fine - failing to muzzle potentially dangerous dog or dangerous dog Exemptper infractionFine - Failing to restrain dog from causing noise Fine - Failing to restrain dog from causing noise Fine - Failing to restrain dog from causing noise Exemptper infractionFine - failing to restrain potentially dangerous dog or dangerous dog Fine - failing to restrain potentially dangerous dog or dangerous dog Fine - failing to restrain potentially dangerous dog or dangerous dog Exemptper infractionFine - Failure to comply with conditions of muzzle order Fine - Failure to comply with conditions of muzzle order Fine - Failure to comply with conditions of muzzle order Exemptper infractionFine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Fine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Fine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Exemptper infractionFine - Failure to ensure that the animal enclosure is escape-proof Fine - Failure to ensure that the animal enclosure is escape-proof Fine - Failure to ensure that the animal enclosure is escape-proof Exemptper infraction23Page 97 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitFine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Fine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Fine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Exemptper infractionFine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Fine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Fine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Exemptper infractionFine - failure to post sign Fine - failure to post sign Fine - failure to post sign Exemptper infractionFine - Failure to store feed in a rodent-proof container Fine - Failure to store feed in a rodent-proof container Fine - Failure to store feed in a rodent-proof container Exemptper infractionFine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Fine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Fine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Exemptper infractionFine - Harbouring more than three dogs Fine - Harbouring more than three dogs Fine - Harbouring more than three dogs Exemptper infractionFine - Harbouring more than two cats Fine - Harbouring more than two cats Fine - Harbouring more than two cats Exemptper infractionFine - have dog on leash exceeding two metres Fine - have dog on leash exceeding two metres Fine - have dog on leash exceeding two metres Exemptper infractionFine - Keep animal in unsanitary conditions Fine - Keep animal in unsanitary conditions Fine - Keep animal in unsanitary conditions Exemptper infractionFine - Keeping more than ten pidgeons Fine - Keeping more than ten pidgeons Fine - Keeping more than ten pidgeons Exemptper infractionFine - Keeping prohibited animals Fine - Keeping prohibited animals Fine - Keeping prohibited animals Exemptper infraction24Page 98 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitFine - keeping prohibited animals - agricultural lands Fine - keeping prohibited animals - agricultural lands Fine - keeping prohibited animals - agricultural lands Exemptper infractionFine - Offering for sale, selling, making available Fine - Offering for sale, selling, making available Fine - Offering for sale, selling, making available Exemptper infractionFine - operate a kennel without a license Fine - operate a kennel without a license Fine - operate a kennel without a license Exemptper infractionFine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Fine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Fine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Exemptper infractionFine - retrieve a dog and or cat from pound keeper without paying fees Fine - retrieve a dog and or cat from pound keeper without paying fees Fine - retrieve a dog and or cat from pound keeper without paying fees Exemptper infractionFine - unlawfully transferred dog/cat tag Fine - unlawfully transferred dog/cat tag Fine - unlawfully transferred dog/cat tag Exemptper infractionAGCO Required LicencesSpecial Sales License $1 per thousand $1 per thousand 0%Exempteach50/50 Raffle 3% with min. of $25 3% with min. of $25 0%Exempt each Bazaar $10 per wheel, 3 wheels max $10 per wheel, 3 wheels max 0%Exempt each Bazaar/Bingo 2 percent 2 percent 0%Exempteach Bazaar/Raffle 3% up to $5000 3% up to $5000 0%Exempteach Bingo Only 2% up to $5500 2% up to $5500 0%Exempteach Nevada @ other location 3% x # of units X total prize/unit 3% x # of units X total prize/unit 0%Exempt each Nevada @ own location 2% x # of units X total prize/unit 2% x # of units X total prize/unit 0%ExempteachPoliceCriminal Record, Police Record & Vulnerable Sector Check (Employment 25.00 25.00 0%ExempteachDuplicate Copy of Criminal and Police Record Check 5.00 5.00 0%incl HSTeachCriminal Record, Police Record & Vulnerable Sector Check (Volunteer) FREE FREE 0%ExempteachFingerprints (OPP charge) 26.50 26.50 0%incl HSTeachFingerprints (LIVESCAN - on behalf of RCMP) 25.00 25.00 0%incl HSTeachOccurrence Confirmation Reports/Incident Reports 42.25 42.25 0%incl HSTeachStatements 42.25 42.25 0%incl HSTeachTechnical Traffic Collision Reports 565.00 565.00 0%incl HSTeachReconstructionist Report 1,130.00 1,130.00 0%incl HSTeachPAID DUTY RELATED FEESPayable to Minister of Finance (Provincial in Nature) Administrative Fee (note 1) 68.50 68.50 0%incl HST25Page 99 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitHourly Vehicle Usage Fee (note 1) 28.25 28.25 0%incl HST2014 Hourly Officer Rate - PDO (note 1) 73.60 73.60 0%incl HST2014 Hourly Supervisor Rate - PDS (note 1) 83.17 83.17 0%incl HSTOwner dumping debris on own lands Owner dumping debris on own lands Owner dumping debris on own lands Exempt per infractionOwner failing to tag garbage Owner failing to tag garbage Owner failing to tag garbage Exempt per infractionParking - double parking Parking - double parking Parking - double parking Exempt per infractionParking - for longer period than provided Parking - for longer period than provided Parking - for longer period than provided Exempt per infractionParking - in loading zone Parking - in loading zone Parking - in loading zone Exempt per infractionParking - near fire hydrant Parking - near fire hydrant Parking - near fire hydrant Exempt per infractionParking - no parking (2am-7am) Parking - no parking (2am-7am) Parking - no parking (2am-7am) Exempt per infractionParking - Obstructing Traffic Parking - Obstructing Traffic Parking - Obstructing Traffic Exempt per infractionParking - parking in handicapped parking space without permit Parking - parking in handicapped parking space without permit Parking - parking in handicapped parking space without permit Exempt per infractionParking - Parking/standing in fire route Parking - Parking/standing in fire route Parking - Parking/standing in fire route Exempt per infractionParking - prohibited area Parking - prohibited area Parking - prohibited area Exempt per infractionParking - too close to corner Parking - too close to corner Parking - too close to corner Exempt per infractionParking - too close to curb Parking - too close to curb Parking - too close to curb Exempt per infractionParking - Wrong side of road Parking - Wrong side of road Parking - Wrong side of road Exempt per infractionPerson assisting dumping debris on private lands Person assisting dumping debris on private lands Person assisting dumping debris on private lands Exempt per infractionPerson dumping debris on private/public lands Person dumping debris on private/public lands Person dumping debris on private/public lands Exempt per infractionPerson fail to immediate remove debris Person fail to immediate remove debris Person fail to immediate remove debris Exempt per infractionOwner - fail to tag garbageexemptSchedule V Part VI (ETA)- Exempt26Page 100 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitFail to enclose swimming pool during construction 350.00 350.00 0%noneper infractionFail to properly enclose swimming pool with temporary enclosure 350.00 350.00 0%noneper infractionPermit construction of swimming pool not completely enclosed with swimming pool enclosure 350.00 350.00 0% none per infractionFail to equip hydro massage pool with secure cover 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with self-closing device 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with self-latching device 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with operable lock 350.00 350.00 0%noneper infractionFail to maintain swimming pool fence to a safe condition and good repair 350.00 350.00 0%noneper infractionConstruct or permit swimming pool enclosure not in compliance with height requirement 350.00 350.00 0% none per infractionDid erect or alter a sign in the Town of Tillsonburg before obtaining a permit from the Chief Building Official 200.00 200.00 0% none per infractionDid erect or permit community bulletin sign on town property, without town approval 200.00 200.00 0% none per infractionDid erect a temporary community sign, without town approval 200.00 200.00 0%noneper infractionDid erect a mobile sign – closer than 30.0 meters or (98.44 ft) from any other mobile sign 100.00 100.00 0% none per infractionDid erect or display a mobile sign that is not located on the same property as the business which it is advertising. 100.00 100.00 0% none per infractionDid erect a prohibited sign on land owned by the Town 200.00 200.00 0%noneper infractionDid erect a sidewalk sign on a public street and did not position as to provide a minimum of 1.5 meters of unobstructed sidewalk space 100.00 100.00 0% none per infractionDid erect a sign located on a premise which does not specifically identify or advertise a business, service, or occupant of the premises where it is located 100.00 100.00 0% none per infractionDid erect a vehicle/trailer sign on a non-motorized vehicle, where the purpose of the sign meets the definition of a sign under the By-law 100.00 100.00 0% none per infractionOperate a vehicle for hire without a licence. 250.00 250.00 0%noneper infractionOperate vehicle not licenced as a vehicle for hire. 250.00 250.00 0%noneper infractionFailure to display taxicab plate. 250.00 250.00 0%noneper infractionFailure to submit vehicle for inspection. 250.00 250.00 0%noneper infractionFailure to produce licence upon demand. 250.00 250.00 0%noneper infractionPermit smoking in taxicab. 250.00 250.00 0%noneper infractionFailure to display tariff card. 250.00 250.00 0%noneper infractionCharge fare not prescribed in fare schedule. 250.00 250.00 0%noneper infractionFail to accept service animal into taxicab. 400.00 400.00 0%noneper infractionSmoke on town walkway 105.00 105.00 0%noneper infractionSmoke within 9 m of anytown facility entrance or exit 105.00 105.00 0%noneper infractionSmoke within 9 metres of Library Lane entrance 105.00 105.00 0%noneper infractionSmoke within 9 metres of Town Centre Mall 105.00 105.00 0%noneper infraction27Page 101 of 295 Page 1 of 4 Subject: Investing in Canada Infrastructure Program Transfer Payment Agreement Report Number: OPS 20-01 Author: Kevin De Leebeeck, P.Eng., Director of Operations Meeting Type: Council Meeting Meeting Date: Monday, January 13, 2020 RECOMMENDATION THAT Council receive Report OPS 20-01 Investing in Canada Infrastructure Program Transfer Payment Agreement; AND THAT a By-law authorizing the Mayor and Clerk to execute the Transfer Payment Agreement with the Province of Ontario be brought forward for Council consideration . BACKGROUND In April 2019 the Town of Tillsonburg applied to the Investing in Canada Infrastructure Program (ICIP) – Northern and Rural Stream for the reconstruction of Concession St. W. from Rolph St. to Charlotte Ave. as shown in Figure 1. In September 2019 the Town received correspondence from the Ministry that its application had been approved for funding. DISCUSSION Further to Ministry correspondence received in December 2019 and in order to receive the funding allocation the Town must now execute the attached Transfer Payment Agreement with the Province of Ontario. The Agreement must be signed and sealed with two copies returned to the Ministry. The Town must also pass a by-law to execute the Agreement and provide a certified true copy to the Ministry by January 31, 2020. CONSULTATION The Director of Operations is in continuous direct contact with the Ministry’s Project Analyst assigned to the project file. As a program requirement the Town will need to issue and award an RFP for the engineering design aspect of the project by June 8th 2020 with tendering of the contract for construction in 2021. Page 102 of 295 OPS 20-01 Page 2 of 4 FINANCIAL IMPACT/FUNDING SOURCE The total cost estimate for the Concession St. W. Reconstruction project is $1,990,248 (incl. HST). The ICIP – Rural and Northern Stream funding provides a cost sharing model of 50% Federal, 33.33% Provincial, and 16.67% Municipal for all eligible expenditures with the Municipality 100% responsible for all non -eligible costs of which includes stormwater infrastructure. The 2020 draft budget includes the $36,200 (16.67%) municipal contribution towards the engineering design of this project. The municipal contribution towards construction will be brought forward as part of the 2021 budget deliberations. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 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 ATTACHMENTS Attachment 1 - CIP Transfer Payment Agreement Page 103 of 295 OPS 20-01 Page 3 of 4 Page 104 of 295 OPS 20-01 Page 4 of 4 Report Approval Details Document Title: OPS 20-01 Investing in Canada Infrastructure Program Transfer Payment Agreement.docx Attachments: - OPS 20-01 Attachment 1 - ICIP Transfer Payment Agreement.pdf Final Approval Date: Jan 7, 2020 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Jan 7, 2020 - 9:48 AM Page 105 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 1 of 59 TRANSFER PAYMENT AGREEMENT FOR THE INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): RURAL AND NORTHERN STREAM THIS TRANSFER PAYMENT AGREEMENT for an Investing in Canada Infrastructure Program (ICIP): Rural and Northern Stream Project (the “Agreement”) is effective as of the Effective Date. B E T W E E N: Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Agriculture, Food and Rural Affairs (“Ontario” or the “Province”) - and - The Corporation of the Town of Tillsonburg (CRA#126587195) (the “Recipient”) BACKGROUND The Investing in Canada Infrastructure Program (“ICIP”) is a federal infrastructure program designed to create long-term economic growth, build inclusive, sustainable and resilient communities, and support a low-carbon economy. The Government of Canada (“Canada”) announced, in its Budget 2016 and Budget 2017, over $180 billion for the ICIP to support sustainable and inclusive communities, while driving economic growth. The federal Minister of Infrastructure, Communities and Intergovernmental Affairs and the provincial Minister of Infrastructure entered into the Canada-Ontario Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program for Canada to provide financial support to the Province. Under the Bilateral Agreement, Canada agreed, amongst other things, to provide contribution funding to the Province under the rural and northern communities infrastructure funding stream of ICIP. This stream supports projects that improve the quality of life in rural and northern communities by responding to their specific needs. Also, under the Bilateral Agreement, Ontario agrees to identify projects and be responsible for Page 106 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 2 of 59 the transfer of ICIP and provincial funds to eligible recipients pursuant to transfer payment agreements. The Recipient has applied to the Province for ICIP funds to assist the Recipient in carrying out a rural and northern stream project. The Province has submitted to Canada for approval and the Province and Canada have approved, in accordance with the terms and conditions set out in the Bilateral Agreement, the Project as defined in Schedule “C”. The Agreement sets out the terms and conditions upon which ICIP funds, up to the Maximum Funds, will be provided to the Recipient for carrying out the Project. CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules and their sub-schedules, if any, form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Specific Information Schedule “C” - Project Description, Financial Information, Timelines and Project Standards Schedule “D” - Reports Schedule “E” - Eligible Expenditures and Ineligible Expenditures Schedule “F” - Evaluation Schedule “G” - Communications Protocol Schedule “H” - Disposal of Assets Schedule “I” - Aboriginal Consultation Protocol Schedule “J” - Requests for Payment and Payment Procedures Schedule “K” - Committee 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties in respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 107 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 3 of 59 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between any of the requirements of: (a) the Bilateral Agreement and the Agreement, the Bilateral Agreement will prevail to the extent of the conflict or inconsistency; (b) the main body of the Agreement and any of the requirements of a schedule or a sub-schedule, the main body of the Agreement will prevail to the extent of the conflict or inconsistency; (b) Schedule “A” (General Terms and Conditions) and any of the requirements of another schedule or a sub-schedule, Schedule “A” (General Terms and Conditions) will prevail to the extent of the conflict or inconsistency; (c) a schedule and any of the requirements of a sub-schedule, the schedule will prevail to the extent of the conflict or inconsistency; or (d) The Agreement and the Rural and Northern Communities Funding Stream Ontario Program Guidelines of March 2019 (“the Guidelines”), the Agreement will prevail. 3.0 COUNTERPARTS 3.1 One and the Same Agreement. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT AND AGREEMENT REVIEW 4.1 Amending the Agreement. Subject to sections C.5.3 (Amending the Agreement for Minor Changes to the Project Description, Financial Information, Timelines and Project Standards) and D.2.2 (Amending the Agreement for Minor Changes to the Reporting), the Agreement may only be amended by a written agreement duly executed by the representatives of the Parties listed on the signature page below. 4.2 Agreement Review. If, pursuant to section 25.10 (Review of Agreement) of the Bilateral Agreement, the Bilateral Agreement is reviewed after three or five years, or both, of the effective date of the Bilateral Agreement, and any changes to the Bilateral Agreement are required as a result, the Parties agree to amend the Agreement as necessary and in a manner that is consistent with such changes. Page 108 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 4 of 59 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement from Recipient. The Recipient acknowledges, in respect of the Project, that: (a) the Funds are to assist the Recipient to carry out the Project and not to provide goods or services to the Province or Canada; (b) the Province and Canada are not responsible for carrying out the Project; (c) the Province’s and Canada’s role in respect of the Project is limited to making a financial contribution to the Recipient for the Project, and the Province and Canada are not involved in the Project or its operation; (d) the Province and Canada are neither decision-makers nor administrators in respect of the Project; (e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act; (f) Canada is bound by the Access to Information Act (Canada) and any information provided to Canada by either the Province or the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act; (g) the Recipient has read and understood the Bilateral Agreement; (h) changes to the Project will require the Province’s and Canada’s approval, which may be subject to the terms and conditions of the Bilateral Agreement; (i) entering into of the Agreement does not in any way obligate any regulatory authority established under an Act of the Ontario Legislature or Parliament to issue any type of approval, licence, permit or similar authorization that the Recipient may need or want in relation to the Project or to meet any terms or conditions under the Agreement; and (j) that complete, diligent and timely implementation of this Agreement within the funding limits and deadlines specified herein is imperative. 5.2 Acknowledgement from Province. The Province acknowledges that the Recipient may be bound by the Municipal Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. Page 109 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 5 of 59 6.0 CANADA’S RIGHTS AND INFORMATION SHARING WITH CANADA 6.1 Third Party Beneficiary. The Recipient agrees that, although the Agreement is between the Province and the Recipient, Canada is, in respect of the rights, covenants, remedies, obligations, indemnities, and benefits (together referred to as “Rights”) undertaken or given to Canada in the Agreement, a third party beneficiary under the Agreement and is entitled to rely upon and directly enforce those Rights as if Canada were a party to the Agreement. 6.2 Sharing of Information with the Province and Canada. The Recipient agrees that, consistent with section 6.1 (Third Party Beneficiary) and for the implementation of the Bilateral Agreement: (a) the Province or Canada, or both, and in respect of Canada either directly or through the Province, may, upon Notice to the Recipient, request additional information from the Recipient including, without limitation, information for any determination under Article A.27.0 (Environmental Requirements and Assessments) and Article A.28.0 (Aboriginal Consultation); (b) if the Province or Canada, or both, provide the Recipient with Notice under paragraph 6.2(a), the Recipient will, within the timelines set out in the Notice, deliver the information to either the Province or Canada, or both, as required; and (c) the Province or Canada, or both, may share any information received from the Recipient pursuant to the Agreement with each other. [SIGNATURE PAGE FOLLOWS] Page 110 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 6 of 59 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, represented by the Minister of Agriculture, Food and Rural Affairs _________________ ____________________________________ Date Name: Ernie Hardeman Title: Minister of Agriculture, Food and Rural Affairs The Corporation of the Town of Tillsonburg _________________ ____________________________________ Date Name: Title: I have authority to bind the Recipient. _________________ ____________________________________ Date Name: Title: I have authority to bind the Recipient. [SCHEDULE “A” – GENERAL TERMS AND CONDITIONS FOLLOWS] AFFIX  CORPORATE  SEAL Page 111 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 7 of 59 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A.1.0 INTERPRETATION AND DEFINITIONS A.1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the background and headings do not form part of the Agreement; they are for information and reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; (e) all accounting terms not otherwise defined in the Agreement have their ordinary meanings; and (f) “include”, “includes”, and “including” denote that the subsequent list is not exhaustive. A.1.2 Definitions. In the Agreement, the following terms have the following meanings: “Aboriginal Community” has the meaning ascribed to it in section I.1.1 (Definitions). “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules and sub-schedules listed in section 1.1 (Schedules and Sub-schedules to the Agreement), and any amending agreement entered into pursuant to section 4.1 (Amending the Agreement). “Asset” means any real or personal property, or immovable or movable asset, acquired, purchased, constructed, rehabilitated, or improved, in whole or in part, with any of the Funds. “Authorities” means any government authority, agency, body or department having or claiming jurisdiction over the Agreement or the Project, or both. “Bilateral Agreement” means the Canada-Ontario Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program entered into between Canada and Her Majesty the Queen in right of Ontario, effective as of March 26, 2018. “Business Day” means any working day the Province is open for business, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Page 112 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 8 of 59 Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day; and any other day on which the Province is not open for business. “Canada” means, unless the context requires otherwise, Her Majesty the Queen in right of Canada. “Committee” refers to a Committee established pursuant to section A.29.1 (Establishment of Committee). “Communications Activities” means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi-media products, and all related communication materials under the Agreement. “Contract” means a contract between the Recipient and a Third Party whereby the Third Party agrees to supply goods or services, or both, in respect of the Project in return for financial consideration. “Effective Date” means the date of signature by the last signing party to the Agreement. “Eligible Expenditures” means the costs in respect of the Project that the Recipient has incurred and paid and that are eligible for payment under the terms and conditions of the Agreement, and that are further described in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). “Environmental Laws” means all applicable governmental, regulations, by-laws, orders, rules, policies, or guidelines respecting the protection of the natural environment or the public, and the manufacture, importation, handling, transportation, storage, disposal, and treatment of environmental contaminants and includes, without limitation, the Environmental Protection Act (Ontario), Environmental Assessment Act (Ontario), Ontario Water Resources Act (Ontario), Canadian Environmental Protection Act, 1999 (Canada), Canadian Environmental Assessment Act, 2012 (Canada), Fisheries Act (Canada), and Navigation Protection Act (Canada). “Evaluation” means an evaluation in respect of the Project or the ICIP as described in Article F.1.0 (Project and ICIP Evaluations). “Event of Default” has the meaning ascribed to it in section A.12.1 (Events of Default). “Expiry Date” means the expiry date set out in Schedule “B” (Specific Information). “Federal Approval Date” means the date on which Canada has approved the Project Page 113 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 9 of 59 identified in Schedule “C” (Project Description, Financial Information, Timelines, and Project Standards). “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiry Date, whichever comes first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Holdback” means the Holdback described in and to be paid in accordance with section A.4.12 (Retention of Contribution) and Article J.7.0 (Holdback). “ICIP” means the Investing in Canada Infrastructure Program, a federal infrastructure program described in the first paragraph of the “Background” to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario and Her Majesty the Queen in right of Canada, and includes their respective ministers, officers, servants, agents, appointees and employees. “Ineligible Expenditures” means the costs that are ineligible for payment under the terms and conditions of the Agreement, and that are described in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert, and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any part of the Agreement or the Bilateral Agreement. “Maximum Funds” means the maximum Funds amount set out Schedule “B” (Specific Information). “Notice” means any communication given or required to be given pursuant to the Agreement. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Person” means, without limitation, a person, the Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees, or Page 114 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 10 of 59 agents. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding, whether in contract, tort (including negligence), or otherwise, that anyone makes, brings, or prosecutes as a result of or in connection with the Project or any part of the Agreement or the Bilateral Agreement. “Project” means the undertaking described in Schedule “C” (Project Description, Financial Information, Timelines, and Project Standards). “Records Review” means any assessment the Province conducts pursuant to section A.7.4 (Records Review). “Remedial Period” means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A.12.3 (b), and includes any such period or periods of time by which the Province extends that time in accordance with section A.12.4 (Recipient Not Remedying). “Reports” means the reports described in Schedule “D” (Reports). “Requirements of Law” means all applicable requirements, laws, statutes, codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all Authorities, and includes the Environmental Laws. “Substantial Completion” or “Substantially Completed” means that the Project can be used for the purpose for which it was intended. “Term” means the period of time described in section A.3.1 (Term). “Third Party” means any person or legal entity, other than a Party, who participates in the implementation of the Project by means of a Contract. “Timelines” means the Project schedule described in Schedule “C” (Project Description, Financial Information, Timelines and Project Standards). “Total Financial Assistance” means the total Project funding from all sources including, but not limited to, funding from federal, provincial, territorial, municipal, regional, band council, and Indigenous government sources; private sources; and in- kind contributions. A.2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A.2.1 General. The Recipient represents, warrants, and covenants that, in respect of the Project: Page 115 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 11 of 59 (a) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (b) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the Project, the Funds, or both; (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for Funds (including, without limitation, any information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete; (d) the Project will be situated within, and will be for the direct benefit of, rural and or northern community with a population of 100,000 people or less based on 2016 Statistics Canada Census Data; (e) the Project meets and will continue to meet all of the program’s eligibility criteria, construction conditions and the Recipient will abide by all of the Province’s and Canada’s respective requirements set out in the Guidelines, including the financial, contractual and reporting requirements; and (f) any Funds received have not displaced, and will continue to not displace, the Recipient’s own funding and spending on public transit. A.2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, in a manner that is satisfactory to the Province. A.2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) procedures to enable the Recipient to manage Funds prudently and effectively; (b) procedures to enable the Recipient to complete the Project successfully; (c) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (d) procedures to enable the preparation and submission of all Reports required pursuant to Article A.7.0 (Reporting, Accounting, and Review); and Page 116 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 12 of 59 (e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A.2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in this Article A.2.0 (Representations, Warranties, and Covenants). A.3.0 TERM OF THE AGREEMENT AND SUBSTANTIAL COMPLETION A.3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date, unless it is extended by a written agreement pursuant to section 4.1 or terminated earlier pursuant to Article A.11.0 (Termination on Notice) or Article A.12.0 (Event of Default, Corrective Action, and Termination for Default). A.3.2 Substantial Completion. The Recipient will ensure that the Project is Substantially Completed on or before October 31, 2026. A.4.0 FUNDS AND CARRYING OUT THE PROJECT A.4.1 Funds Provided. Subject to the terms and conditions of this Agreement and only after the Effective Date, the Province will: (a) provide the Recipient funding up to the Maximum Funds for the sole purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with Schedule “J” (Requests for Payment and Payment Procedures); and (c) deposit the Funds into an account the Recipient designates, provided that the account: (i) is at a branch of a Canadian financial institution in Ontario; and (ii) is solely in the name of the Recipient. A.4.2 Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided): (a) in addition to any other limitation under the Agreement on the payment of Funds, the Province is not obligated to provide: (i) any Funds to the Recipient until the Recipient fulfils the special conditions listed in section A.31.1 (Special Conditions); and (ii) any Funds to the Recipient until the Province and Canada are satisfied with Page 117 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 13 of 59 the progress of the Project; (b) the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.2 (Preparation and Submission); and (c) any payment of Funds is subject to: (i) the requirements of the Financial Administration Act (Ontario), including the availability of an appropriation by the Ontario Legislature that is sufficient and constitutes lawful authority for the payment; (ii) federal and provincial ministerial funding levels in respect of transfer payments, the program under which the Agreement was made, or otherwise that are sufficient; and (iii) Canada’s payment of funds to the Province, pursuant to the Bilateral Agreement, that are sufficient for the payment. The Province may reduce the amount of Funds or terminate the Agreement in response to a reduction or absence of an appropriation federally or provincially, reduction to ministerial funding levels, or Canada’s failure to make payment of funds. Notwithstanding Article A.9.0 (Limitation of Liability and Indemnity), the Province will not be liable for any direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract or in tort (including negligence) or otherwise, arising from any reduction or termination of Funds. If any changes to the Agreement are required as a result, the Parties agree to amend the Agreement accordingly. A.4.3 Use of Funds and Carry Out the Project. The Recipient will, in respect of the Project, do all of the following: (a) carry out the Project in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only on Eligible Expenditures that are necessary to carry out the Project on and after the Federal Approval Date; (d) not use the Funds to cover any Ineligible Expenditure; and (e) not use the Funds to cover any Eligible Expenditure that has or will be funded or reimbursed by one or more of any third party, or ministry, department, agency, or organization of the Government of Ontario or of the Government of Canada. A.4.4 Interest-Bearing Account. If the Province provides Funds before the Recipient’s Page 118 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 14 of 59 immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account solely in the name of the Recipient at a branch of a Canadian financial institution in Ontario. A.4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a) deduct an amount equal to the interest from the Funds; (b) demand from the Recipient the payment of an amount equal to the Interest Earned. A.4.6 Maximum Funds and Recovery of Excesses. The Recipient acknowledges that: (a) the Funds available to it pursuant to the Agreement will not exceed the Maximum Funds; (b) if Canada’s total contribution from all federal sources in respect of the Project exceeds fifty percent of Total Eligible Expenditures (as identified in Schedule “C”), the Province or Canada may demand the return of the excess from the Recipient and the Recipient shall return the excess forthwith or Province or Canada may reduce their respective contributions under the Agreement by an amount equal to the excess; and (c) if the Total Financial Assistance received in respect of any Project exceeds the one-hundred percent (100%) of Total Eligible Expenditures, the Province may, up to the Maximum Funds, demand the return of the excess from the Recipient and the Recipient shall return the excess forthwith or the Province may reduce its contribution under the Agreement by an amount equal to the excess. A.4.7 Disclosure of Other Financial Assistance. The Recipient will inform the Province promptly of any financial assistance received in respect of the Project. A.4.8 Rebates, Credits, and Refunds. The Province will, in respect of the Project, calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A.4.9 Recipient’s Acknowledgement of Responsibility for Project. The Recipient will, in respect of the Project, assume full responsibility for the Project, including, without limitation: (a) complete, diligent, and timely Project implementation within the costs and timelines specified in the Agreement and in accordance with all other terms and conditions of the Agreement; Page 119 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 15 of 59 (b) all of the costs of the Project, including, without limitation, unapproved expenditures, Ineligible Expenditures, and cost overruns, if any; (c) subsequent operation, maintenance, repair, rehabilitation, construction, demolition, or reconstruction, as required and in accordance with industry standards, and any related costs for the full lifecycle of the Project; and (d) the engineering work being undertaken in accordance with industry standards. A.4.10 Increase in Project Costs. If, at any time during the Term the Recipient determines that it will not be possible to complete the Project unless it expends amounts in excess of all funding available to it (a “Shortfall”), the Recipient will immediately notify the Province of that determination. If the Recipient so notifies the Province, it will, within 30 days of a request from the Province, provide a summary of the measures that it proposes to remedy the Shortfall. If the Province is not satisfied that the measures proposed will be adequate to remedy the Shortfall, then the Province may exercise one or more of the remedies available to it pursuant to section A.12.4 (Recipient Not Remedying). A.4.11 Recipient’s Request for Payment and Payment Procedures. The Recipient agrees to submit its requests for payment in accordance with the payment procedures provided for in Schedule “J” (Requests for Payment and Payment Procedures). A.4.12 Retention of Contribution. The Province will retain a maximum of 10% of the provincial funding in respect of the Project (“Holdback”) up until the Recipient has fulfilled all of its obligations under the Agreement for the Project. A.5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, CONTRACT PROVISIONS, AND DISPOSAL OF ASSETS A.5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that: (a) is fair, transparent, competitive, and consistent with value for money principles, or in a manner otherwise acceptable to the Province and Canada; and (b) if applicable, is in accordance with the Canadian Free Trade Agreement and international agreements. A.5.2 Non-Compliance with Acquisition Requirements. If the Province or Canada determines that a Contract is awarded in a manner that is not in compliance with the requirements in section A.5.1 (Acquisition), upon giving Notice to the Recipient, the Province may consider the expenditures associated with the Contract to be an Ineligible Expenditure. Page 120 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 16 of 59 A.5.3 Exemptions to Competitive Awarding. The Province and Canada may consent to the provision of exemptions from competitive awarding of Contracts on a case-by-case basis, in their sole and absolute discretion, if the Recipient provides a written request indicating the business case rationale for the exemption, in advance of the Contract being awarded to the satisfaction of Canada and the Province. A.5.4 Contract Provisions. The Recipient will ensure that all Contracts are consistent with and incorporate the relevant provisions of the Agreement, including its insurance provisions. More specifically, but without limiting the generality of the foregoing, the Recipient agrees to include provisions in all Contracts to ensure: (a) that proper and accurate accounts and records are kept and maintained as described in the Agreement including, but not limited to, in paragraph A.7.3(a); (b) that all applicable Requirements of Law including, without limitation, labour and human rights legislation, are complied with; and (c) that the Contract secures the respective rights of the Province and Canada, and any authorized representative or independent auditor identified by the Province or Canada, and the Auditor General of Ontario and the Auditor General of Canada to: (i) inspect and audit the terms of any Contract, record or account in respect of the Project; and (ii) have free and timely access to the Project sites and facilities, and any records, documentation or information, as contemplated pursuant to section A.7.5 (Inspection and Removal). A.5.5 Disposal of Assets. The Recipient will not, unless in accordance with the terms and conditions set out in Schedule “H” (Disposal of Assets), sell, lease, encumber, or otherwise dispose, directly or indirectly, of any Asset during the Asset Disposal Period. A.6.0 CONFLICT OF INTEREST A.6.1 Conflict of Interest Includes. For the purposes of this Article A.6.0 (Conflict of Interest), a conflict of interest includes any circumstances where: (a) the Recipient or any person who has the capacity to influence the Recipient’s decisions has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to interfere with the Recipient’s objective, unbiased, and impartial judgment in respect of the Project or the use of the Funds, or both; or Page 121 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 17 of 59 (b) a former public servant or public office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes, or policies of Canada apply will derive a direct benefit from the Agreement, unless the provision or receipt of such benefits complies with such legislation, guidelines, policies, or codes. A.6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a) the Recipient: (i) provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; and (ii) requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b) the Province consents in writing to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c) the Recipient complies with any terms and conditions the Province may prescribe in its consent. A.7.0 REPORTING, ACCOUNTING, AND REVIEW A.7.1 Province and Canada Include. For the purpose of sections A.7.4 (Records Review), A.7.5 (Inspection and Removal) and A.7.6 (Cooperation), “Province” includes Canada and any auditor or representative that the Province or Canada, or both, may identify. A.7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A.15.1 (Notice in Writing and Addressed): (i) all Reports in accordance with the timelines and content requirements provided for in Schedule “D” (Reports); and (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; and (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (ii) signed by an authorized signing officer of the Recipient. Page 122 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 18 of 59 A.7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years after the Expiry Date: (a) proper and accurate financial accounts and records, kept in a manner consistent with generally accepted accounting principles, including but not limited to its contracts, invoices, statements, receipts, and vouchers and any other evidence of payment relating to the Funds or otherwise to the Project; and (b) all non-financial records and documents relating to the Funds or otherwise to the Project. A.7.4 Records Review. The Province may, at its own expense, upon 24 hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; (b) the progress of the Project; (c) the Recipient’s allocation and expenditure of the Funds. A.7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records or documents referred to in section A.7.3 (Record Maintenance); (b) remove any copies the Province makes pursuant to section A.7.5(a); and (c) share any documents, records and findings with Canada. A.7.6 Cooperation. To assist the Province in respect of its rights provided for in section A.7.5 (Inspection and Removal), the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents wherever they are located; (b) coordinating access with any Third Party; (c) assisting the Province to copy the records and documents; Page 123 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 19 of 59 (d) providing to the Province, in the form the Province specifies, any information the Province identifies; and (e) carrying out any other activities the Province requests. A.7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province or Canada, or both, any control whatsoever over the Recipient’s records. A.7.8 Auditor General (Ontario and Canada). The Province’s rights under this Article A.7.0 (Reporting, Accounting, and Review) are in addition to any rights provided to the Auditor General of Ontario pursuant to section 9.2 of the Auditor General Act (Ontario) and to the Auditor General of Canada pursuant to section 7.1 of the Auditor General Act (Canada). A.7.9 Sharing of Audit Findings and Reports. The Recipient acknowledges that Canada and the Province may: (a) inform each other, and any of their respective authorized representatives and auditors, that an audit is being conducted; and (b) share the findings of any audit or investigation, including any ensuing report, with each other and any of their respective authorized representatives and auditors. A.7.10 Evaluation. The Recipient agrees to participate in any Evaluation and comply with the requirements for such Evaluation that are set out in Schedule “F” (Evaluation). A.7.11 Calculations. The Recipient will make all calculations and prepare all financial data to be submitted in accordance with the generally accepted accounting principles in effect in Canada. These will include, without limitation, those principles and standards approved or recommended from time to time by the Chartered Professional Accountants of Canada or the Public Sector Accounting Board, as applicable, or any successor institute, applied on a consistent basis. A.7.12 Adverse Fact or Event. The Recipient will inform the Province immediately of any fact or event of which it is aware that has or will compromise, wholly or in part, the Project. A.8.0 COMMUNICATIONS REQUIREMENTS A.8.1 Communications Protocol. The Parties agree to be bound by the terms and conditions of the communications protocol provided for in Schedule “G” (Communications Protocol). Page 124 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 20 of 59 A.9.0 LIMITATION OF LIABILITY AND INDEMNITY A.9.1 Province and Canada Limitation of Liability. In no event will any of the Indemnified Parties be held liable for any damages, including direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, for: (a) any injury to any Person, including, but not limited to, death, economic loss, or infringement of rights; (b) any damage to or loss or destruction of property of, any Person; or (c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease, or other long-term obligation in relation to the Agreement, the Bilateral Agreement, or the Project. A.9.2 Indemnification of the Province and Canada. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding based upon or occasioned by: (a) any injury to any Person, including, but not limited to, death, economic loss, or any infringement of rights; (b) any damage to, or loss or destruction of, property of any Person; or (c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease, or other long-term obligation, except to the extent to which such Loss or Proceeding is caused by the negligence or wilful misconduct of any Indemnified Party in the performance of that Indemnified Party’s duties. A.9.3 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province or Canada, or both, participate in or conduct the defence of any Proceeding against any of the Indemnified Parties and any negotiations for their settlement. A.9.4 Province’s Election. The Province or Canada, or both, may elect to participate in, or conduct the defence of, any Proceeding by providing Notice to the Recipient of such election, without prejudice to any other rights or remedies of the Province under the Agreement or of the Province or Canada under the Bilateral Agreement, at law or in equity. If the Province, Canada, or the Recipient, as applicable, participates in the defence, it will do so by actively participating with the other’s counsel. A.9.5 Settlement Authority. The Recipient will not enter into a settlement of any Page 125 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 21 of 59 Proceeding against any of the Indemnified Parties unless the Recipient has obtained from the Province or Canada, as applicable, prior written approval or a waiver of this requirement. If the Recipient is requested by the Province or Canada to participate in or conduct the defence of any Proceeding, the Province or Canada, as applicable, will cooperate with and assist the Recipient to the fullest extent possible in the Proceeding and any related settlement negotiations. A.9.6 Recipient’s Cooperation. If the Province or Canada conducts the defence of any Proceeding, the Recipient will cooperate with and assist the Province or Canada, as applicable, to the fullest extent possible in the Proceeding and any related settlement negotiations. A.10.0 INSURANCE A.10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain at its own cost and expense for a period extending at least 90 Business Days beyond the Term, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than $2,000,000.00 per occurrence, which commercial general liability insurance policy will include the following: (a) the Indemnified Parties as additional insureds in respect of liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. A.10.2 Proof of Insurance. At the Province’s request, the Recipient will: (a) provide to the Province, either: (i) annually, certificates of insurance that confirm the insurance coverage as provided in section A.10.1 (Recipient’s Insurance); or (ii) other proof that confirms the insurance coverage as provided for in section A.10.1 (Recipient’s Insurance); and (b) at the Province’s request, the Recipient will provide to the Province a copy of any Page 126 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 22 of 59 of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement or both. A.11.0 TERMINATION ON NOTICE A.11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. A.11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A.11.1 (Termination on Notice), the Province may take one or more of the following actions: (a) Direct the Recipient not to incur any costs for the Project without the Province’s prior written consent; (b) cancel all further instalments of Funds; (c) demand the payment of any Funds plus Interest Earned remaining in the possession or under the control of the Recipient; and (d) Subject to the limits of the Bilateral Agreement, determine the reasonable costs for the Recipient to wind down the Project and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to paragraph A.11.2(c); and (ii) subject to paragraph A.4.1(a), provide Funds to the Recipient to cover such costs. A.12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A.12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (a) carry out the Project in whole or in part; (b) use or spend Funds; or (c) provide, in accordance with section A.7.2 (Preparation and Submission), Reports or such other reports as the Province may have requested pursuant to paragraph A.7.2(b). Page 127 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 23 of 59 A.12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project or to discontinue the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient plus Interest Earned; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used plus Interest Earned, but did not use in accordance with the Agreement; (h) demand from the Recipient the repayment of an amount equal to any Funds the Province provided to the Recipient plus Interest Earned; (i) demand from the Recipient an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j) terminate the Agreement at any time, including immediately, without liability, penalty, or costs to the Province upon giving Notice to the Recipient. A.12.3 Opportunity to Remedy. If, in accordance with paragraph A.12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Remedial Period. A.12.4 Recipient Not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A.12.2(b), and: (a) the Recipient does not remedy the Event of Default within the Remedial Period; Page 128 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 24 of 59 (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Remedial Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Remedial Period or initiate any one or more of the actions provided for in paragraphs A.12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j). A.12.5 When Termination Effective. Termination under this Article A.12.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice. A.13.0 FUNDS UPON EXPIRY A.13.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds plus Interest Earned remaining in its possession, under its control, or both. A.14.0 DEBT DUE AND PAYMENT A.14.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount the Recipient is entitled to under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds plus Interest Earned from any further instalments of Funds; or (b) demand that the Recipient pay to the Province an amount equal to the excess Funds plus Interest Earned. A.14.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds, an amount equal to any Funds, or any other amounts under the Agreement; or (b) the Recipient owes to the Province any Funds, an amount equal to any Funds, or any other amounts under the Agreement, whether or not the Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. Page 129 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 25 of 59 A.14.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then-current interest rate charged by the Province of Ontario on accounts receivable. A.14.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address set out in Schedule “B” (Specific Information) for the purposes of Notice to the Province. A.14.5 Failure to Repay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A.14.6 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement are for the administration of social, health or economic programs or the provision of direct or indirect support to members of the public in connection with social, health or economic policy. A.15.0 NOTICE A.15.1 Notice in Writing and Addressed. Notice will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery, or courier; and (c) addressed to the Province and the Recipient as set out in Schedule “B” (Specific Information), or as either Party later designates to the other by Notice. A.15.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is delivered; and (b) in the case of email, personal delivery, or courier, on the date on which the Notice is delivered. A.15.3 Postal Disruption. Despite paragraph A.15.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will provide Notice by email, personal delivery, or courier. Page 130 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 26 of 59 A.16.0 CONSENT BY PROVINCE OR CANADA AND COMPLIANCE BY RECIPIENT A.16.1 Consent. When the Province or Canada provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province or Canada may have attached to the consent. A.17.0 SEVERABILITY OF PROVISIONS A.17.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A.18.0 WAIVER A.18.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. A.18.2 Waiver Applies. If in response to a request made pursuant to section A.18.1 (Waiver Request) a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A.18.3 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article A.15.0 (Notice). Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. A.19.0 INDEPENDENT PARTIES A.19.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of either the Province or Canada, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. Page 131 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 27 of 59 A.19.2 No Authority to Represent. Nothing in the Agreement is to be construed as authorizing any Person, including a Third Party, to contract for or to incur any obligation on behalf of the Province or Canada, or both, or to act as an agent for the Province or Canada. The Recipient will take the necessary action to ensure that any Contract between the Recipient and a Third Party contains a provision to that effect. A.20.0 ASSIGNMENT OF AGREEMENT OR FUNDS A.20.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A.20.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors and permitted assigns; and (b) the successors to Her Majesty the Queen in right of Ontario. A.21.0 GOVERNING LAW A.21.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A.22.0 FURTHER ASSURANCES A.22.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time in respect to any matter to which the Agreement pertains; and (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A.23.0 JOINT AND SEVERAL LIABILITY A.23.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. Page 132 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 28 of 59 A.24.0 RIGHTS AND REMEDIES CUMULATIVE & JOINT AUTHORSHIP A.24.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A.24.2 Joint Authorship Of Agreement. The Parties will be considered joint authors of this Agreement and no provision herein will be interpreted against one Party by the other Party because of authorship. No Party will seek to avoid a provision herein because of its authorship through recourse to a third-party, court, tribunal or arbitrator. A.25.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A.25.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate and may deduct amounts owing as a result of such Failure from the funds owing under this Agreement. A.26.0 SURVIVAL A.26.1 Survival. Any rights and obligations of the Parties that, by their nature, extend beyond the termination of the Agreement will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement. Surviving provisions include, without limitation, the following Articles, sections and paragraphs, and all applicable cross-referenced Articles, sections, paragraphs, schedules, and sub- schedules: Articles 1.0 (Entire Agreement), 2.0 (Conflict or Inconsistency), 5.1 (Acknowledgement from Recipient), 6.0 (Canada’s Rights and Information Sharing with Canada), A.1.0 (Interpretation and Definitions) and any other applicable definitions, paragraphs A.2.1(a), A.4.2(c), sections A.4.4 (Interest-Bearing Account), A.4.5 Page 133 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 29 of 59 (Interest), A.4.6 (Maximum Funds and Recovery of Excesses), A.4.8 (Rebates, Credits, and Refunds), A.4.9 (Recipient’s Acknowledgement of Responsibility for Project), A.5.5 (Disposal of Assets), A.7.1 (Province and Canada Include), A.7.2 (Preparation and Submission) (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), A.7.3 (Record Maintenance), A.7.4 (Records Review), A.7.5 (Inspection and Removal), A.7.6 (Cooperation), A.7.7 (No Control of Records), A.7.8 (Auditor General (Ontario and Canada)), A.7.9 (Sharing of Audit Findings and Reports), A.7.10 (Evaluation), A.7.11 (Calculations), Articles A.8.0 (Communications Requirements), A.9.0 (Limitation of Liability and Indemnity), sections A.11.2 (Consequences of Termination on Notice by the Province), A.12.1 (Events of Default), paragraphs A.12.2(d), (e), (f), (g), (h) and (i), A.13.0 (Funds Upon Expiry), A.14.0 (Debt Due and Payment), A.15.0 (Notice), and A.17.0 (Severability of Provisions), section A.20.2 (Agreement Binding), and Articles A.21.0 (Governing Law), A.23.0 (Joint and Several Liability), A.24.0 (Rights and Remedies Cumulative), A.26.0 (Survival), A.27.0 (Environmental Requirements and Assessments), A.28.0 (Aboriginal Consultation), and A.31.0 (Special Conditions). A.27.0 ENVIRONMENTAL REQUIREMENTS AND ASSESSMENTS A.27.1 Federal Environmental Requirements. Without limitation to the Recipient’s obligations to comply with Environmental Laws and for greater clarity: (a) no site preparation, removal of vegetation or construction will occur in respect of the Project; and (b) the Province will have no obligation to pay any Eligible Expenditures that are capital costs, as determined by the Province, until Canada is satisfied that federal requirements are met, and continue to be met, under the following: (i) Canadian Environmental Assessment Act, 2012; (ii) other applicable environmental assessment legislation that is or may come into force during the term of the Agreement; and (iii) other applicable agreements between Canada and Aboriginal Communities. A.28.0 ABORIGINAL CONSULTATION A.28.1 Aboriginal Consultation Protocol. The Parties agree to be bound by the terms and conditions of the Aboriginal Consultation Protocol provided for in Schedule “I” (Aboriginal Consultation Protocol). A.28.2 Legal Duty to Consult. Until Canada and, if applicable, the Province are satisfied that any legal duty to consult and, where appropriate, to accommodate Aboriginal Page 134 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 30 of 59 Communities, or any other federal consultation requirement, has been, and continues to be met: (a) no site preparation, removal of vegetation or construction will occur in respect of the Project; and (b) despite section A.4.1, the Province has no obligation to pay any Eligible Expenditures that are capital costs, as determined by the Province and Canada; and, for the Project requiring consultation, Canada and, if applicable, the Province must be satisfied that: (i) Aboriginal Communities have been notified and, if applicable, consulted; (ii) where consultation has occurred, the Recipient has provided a summary of consultation or engagement activities, including a list of Aboriginal Communities consulted, concerns raised, and how each of the concerns have been addressed or, if not addressed, an explanation as to why not; (iii) the Recipient is carrying out accommodation measures, where appropriate; and (iv) any other information has been provided which Canada or the Province, or both, may deem appropriate. A.28.3 Funding Conditional upon Meeting Aboriginal Consultation Obligations. No Funds will be provided to the Recipient under the Agreement unless Canada and, if applicable in the opinion of the Province, the Province are satisfied that their respective obligations have been met in respect of the legal duty to consult and, if applicable, accommodate any Aboriginal Community with an interest in the Project. A.29.0 COMMITTEE A.29.1 Establishment of Committee. The Province may, at its sole discretion, require the establishment of a committee to oversee the Agreement (the “Committee”). A.29.2 Notice of Establishment of Committee. Upon Notice from the Province, the Parties will hold an initial meeting to establish, in accordance with Schedule “K” (Committee), the Committee described in section A.29.1 (Establishment of Committee). A.30.0 DISPUTE RESOLUTION A.30.1 Contentious Issues. The Parties will keep each other informed of any issues that could be contentious. Page 135 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 31 of 59 A.30.2 Examination by the Committee and Parties. If a contentious issue arises and a Committee has been established under section A.29.1 (Establishment of Committee), the Parties will refer the contentious issue that may arise to the Committee for examination. In the absence of a Committee, the Parties will examine the contentious issue. A.30.3 Potential Dispute Resolution by Committee. The Committee or the Parties, as the case may be, will attempt, reasonably and in good faith, to resolve disputes as soon as possible and, in any event, within, for the Committee, 30 days, or, for the Parties, 90 days of receiving Notice of a contentious issue. A.30.4 Dispute Resolution by the Parties. If the Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within 60 Business Days of the Notice. A.30.5 Alternative Mechanisms for Dispute Resolutions. Where the Parties cannot agree on a resolution, the Parties may use any alternative dispute resolution mechanisms available to them to resolve the issue. A.30.6 Suspension of Payments. The Province may suspend any payments related to any contentious issue or dispute raised by either Party, together with the obligations related to such issue, pending resolution. A.31.0 SPECIAL CONDITIONS A.31.1 Special Conditions. The Province’s funding under the Agreement is conditional upon, (a) on or before the Effective Date, the Recipient having provided the Province with: (i) a copy of the by-law(s), council resolution(s) or both or any other necessary instrument applicable to the Recipient authorizing its entry into the Agreement; (ii) the certificates of insurance or any other proof the Province may request pursuant to section A.10.2 (Proof of Insurance); (iii) banking information, such as a void cheque or a bank letter, for an interest- bearing account in the name of the Recipient at a Canadian financial institution, into which the Province may transfer funds electronically; and (iv) any other Reports requested by the Province in the format specified. (b) prior to submitting a request for payment in respect of the Project under the Agreement, Page 136 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 32 of 59 (i) the Recipient having provided the Province with written confirmation that: a. the Recipient is in compliance with all Environmental Laws, including the Recipient’s obligations under section A.27.1 (Federal Environmental Requirements), and has obtained all necessary approvals and permits; b. the Recipient has met any requirements under Article A.28.0 (Aboriginal Consultation) that may apply to the Project; and c. the Recipient has title to and ownership of any real property necessary for the completion of the Project; and (ii) the Recipient having provided the Province with any required assessments pursuant to Article A.27.0 (Environmental Requirements and Assessments); and (c) the Recipient having submitted, in a form and at an address supplied by the Province, an asset management self-assessment on or before the Effective Date, and, thereafter, on or before February 1 in each of the years 2021, 2023 and 2024, unless the Project have reached Substantial Completion before such date. For greater certainty, if the Province provides any Funds to the Recipient before the conditions set out in this Article A.31.0 (Special Conditions) have been met, and unless the Province has waived compliance with such condition in writing, the Province may exercise one or more of the remedies available to it pursuant to section A.12.2 (Consequences of Event of Default and Corrective Action). [SCHEDULE “B” – SPECIFIC INFORMATION FOLLOWS] Page 137 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 33 of 59 SCHEDULE “B” SPECIFIC INFORMATION B.1.0 EXPIRATION DATE B.1.1 Expiration date. The Expiration Date is March 31, 2028. B.2.0 MAXIMUM FUNDS B.2.1 Maximum Funds. Maximum Funds means the sum of Canada’s Maximum Contribution and Ontario’s Maximum Contribution. B.3.0 ONTARIO’S MAXIMUM CONTRIBUTION B.3.1 Ontario’s Maximum Contribution. Ontario’s Maximum Contribution means $524,769.18, rounded to two decimal places. B.4.0 CANADA’S MAXIMUM CONTRIBUTION B.4.1 Canada’s Maximum Contribution. Canada’s Maximum Contribution means $787,232.50, rounded to two decimal places. B.5.0 ADDRESSEES B.5.1 Addressees. All Reports and Notices under the Agreement will be submitted to the Province at the address listed below: Contact information for the purposes of Notice to the Province Address: Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch 1 Stone Road West, 4NW Guelph, Ontario N1G 4Y2 Attention: Manager, Infrastructure Renewal Programs Email: ICIPRural@ontario.ca Page 138 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 34 of 59 Contact information for the purposes of Notice to the Recipient Address: Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, Ontario N4G 5A7 Attention: Kevin De Leebeeck, Director of Operations Email: kdeleebeeck@tillsonburg.ca [SCHEDULE “C” - PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES AND PROJECT STANDARDS FOLLOWS] Page 139 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 35 of 59 SCHEDULE “C” PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES AND PROJECT STANDARDS C.1.0 PROJECT DESCRIPTION The project is for the reconstruction of approximately 0.6 km of Concession Street West from Charlotte Avenue to Rolph Street in Tillsonburg. The work includes the reconstruction of the pavement structure to current standards, the conversion to an urban cross-section, new barrier curb and gutter, catch basins and sidewalks, the modification of roadway alignment (horizontal and vertical curves), and the installation of a pedestrian crosswalk. C.2.0 FINANCIAL INFORMATION C.2.1 Total Eligible Expenditures. Total Eligible Expenditures means $1,574,465.00, rounded to two decimal places. C.2.2 Percentage of Provincial Support. Percentage of Provincial Support means 33.33%, rounded to two decimal places. C.2.3 Percentage of Federal Support. Percentage of Federal Support means 50%, rounded to two decimal places. C.3.0 TIMELINES C.3.1 Federal Approval Date. Federal approval date means August 6, 2019. C.4.0 PROJECT STANDARDS C.4.1 Canada’s Requirements. In addition to any other standards that the Recipient must meet or exceed for the Project, the Recipient will ensure the Project meets or exceeds the following: (a) any applicable energy efficiency standards for buildings outlined in Canada’s Pan-Canadian Framework on Clean Growth and Climate Change provided by Canada at www.canada.ca/en/services/environment/weather/climatechange/pan- canadian-framework.html, or at any other location the Province may provide; and (b) the accessibility requirements of the highest accessibility standards published in Ontario, in addition to accessibility requirements in applicable provincial building codes and relevant municipal by-laws. Page 140 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 36 of 59 C.5.0 CHANGES TO THE PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES, AND PROJECT STANDARDS C.5.1 Province’s and Canada’s Consent. Any change to the Project will require the Province’s and Canada’s consent. When seeking to make a change in respect of the Project, the Recipient will submit updated Project information and any other information that the Province or Canada, or both, may require to the satisfaction of Canada and the Province. C.5.2 Minor Changes to the Project Description, Financial Information, Timelines and Project Standards. Subject to sections C.5.1 (Province’s and Canada’s Consent) and C.5.3 (Amending the Agreement for Minor Changes to the Project Description, Financial Information, Timelines, and Standards), changes that, in the opinion of the Province, are minor may be made, in respect of the Project, to Schedule “C” (Project Description, Financial Information, Timelines and Project Standards). C.5.3 Amending the Agreement for Minor Changes to the Project Description, Budget, Timelines and Project Standards. Any change made pursuant to section C.5.2 (Minor Changes to the Project Description, Financial Information, Timelines and Project Standards) must be documented through a written agreement duly executed by the respective representatives of the Parties. [SCHEDULE “D” – REPORTS FOLLOWS] Page 141 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 37 of 59 SCHEDULE “D” REPORTS D.1.0 REPORTING REQUIREMENTS D.1.1 Reporting Requirements. Reports shall be submitted in a manner, format acceptable to the Province, by the due date specified by the Province. Electronic formats or further direction on how to complete the forms will be supplied to the Recipient of all Reports. The Reports will require the Recipient to provide the Province with an attestation as to the accuracy of the information contained therein. The Recipient acknowledges and agrees it will provide such attestation in the applicable Report prior to submitting the Report to the Province. Reports shall include the following: (a) Initial Report. The Initial Report will provide the Recipient’s forecast of the timelines and costs (Expenditure forecast) to completion. It also outlines the sources of Recipient funds and confirms other pertinent information regarding the Project. (b) Claim and Progress Report. The Claim and Progress Report provides an update on the Project’s status, as well as a breakdown of amounts that are being claimed for reimbursement. Claims may be submitted as frequently as needed, but no less than twice a year (if costs have been incurred). If no costs have been incurred in the previous six months, the Recipient will notify the Province that no claim is being submitted for that period. When submitting claims, the report must include a detailed breakdown of invoices that are being claimed for reimbursement. Note that copies of invoices and any associated backup must be provided at the time of claim submission, as directed by the Province. The Recipient will include an updated record documenting its consultation with Aboriginal Groups, if consultation with any Aboriginal Community is required, in its Progress Report or upon request by the Province or Canada. If requested by the Province, the Recipient will provide further details on the risk assessment the Recipient provides in respect of any Progress Report. (c) Final Report. The Final Report summarizes the Project’s final timelines, costs, and outcomes. It may also include a Declaration of Substantial Completion and a Declaration of Completion. Page 142 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 38 of 59 The Final Report will be submitted to the Province within sixty (60) Business Days of Substantial Completion or December 31, 2026, whichever is earlier. (d) Other Reports. On or before such date and with such content as the Province directs, the Recipient must provide the Province with other Reports, including but not limited to: (i) Climate Change Resilience Assessments; (ii) Greenhouse Gas Emissions Assessments; and (iii) Community Employment Benefit Assessments. D.2.0 CHANGES TO SCHEDULE “D” (REPORTS) D.2.1 Minor Changes to the Reporting. Subject to section D.2.2 (Amending the Agreement for Minor Changes to the Reporting), the Parties may make changes to this Schedule “D” (Reports) that, in the opinion of the Province, are minor. D.2.2 Amending the Agreement for Minor Changes to the Reporting. Any change made to this Schedule “D” (Reports) pursuant to section D.2.1 (Minor Changes to the Reporting) must be documented through a written agreement duly executed by the respective representatives of the Parties listed in Schedule “B” (Project Specific Information). D.3.0 COMPLIANCE AUDIT(S) D.3.1 Compliance Audit(s). Without limiting the generality of section A.7.4 (Records Review), the Recipient may be required by the Province, at its own expense, to retain an independent third party auditor to conduct one or more compliance audits of the Recipient. If applicable, the audit will be conducted in accordance with Canadian Generally Accepted Auditing Standards, as adopted by the Canadian Institute of Chartered Accountants, applicable as of the date on which a record is kept or required to be kept under such standards. The audit will assess the Recipient’s compliance with the terms of the Agreement and will address, without limitation, the following: (a) whether the Funds were spent in accordance with the Agreement and with due regard to economy, efficiency, and effectiveness; (b) the Project’s progress or state of completion; (c) whether the financial information the Recipient provided is complete, accurate, and timely, and in accordance with the Agreement; Page 143 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 39 of 59 (d) whether the Recipient’s information and monitoring processes and systems are adequate to identify, capture, validate, and monitor the achievement of intended benefits of the Project; (e) the overall management and administration of the Project; (f) recommendations for improvement or redress; and (g) whether prompt and timely corrective action is taken on prior audit findings. [SCHEDULE “E” - ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES FOLLOWS] Page 144 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 40 of 59 SCHEDULE “E” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES E.1.0 ELIGIBLE EXPENDITURES E.1.1 Subject to the terms and conditions of this Agreement, Eligible Expenditures shall only include all direct and necessary costs for the successful completion of the Project, and that are in the Province’s and Canada’s sole and absolute discretion, properly and reasonably incurred and paid to an arm’s length party as evidenced by invoices, receipts or other records that are acceptable to the Province and Canada, and that are associated with the acquisition, planning, environmental assessments, design and engineering, project management, materials and construction or renovation of the Project. Eligible Expenditures exclude costs set out as Ineligible Expenditures in section E.2.1 below, but include: a) Costs directly associated with joint communication activities that are set out in Schedule “G” (Communications Protocol) of this Agreement, including the costs of communications support and logistics; b) Costs of Aboriginal consultation and engagement on matters pertaining to the Project, including the costs associated with translating of documents into languages spoken by an affected Aboriginal Group, but does not include any capacity-building funding unless specifically approved by the Province in writing prior to being incurred; c) The incremental costs of the Recipient’s staff or employees provided that: i. The Recipient is able to demonstrate that it is not economically feasible to tender a Contract that ensures the acquisition of the required goods or services at the best value for money; and ii. The arrangement is approved in advance in writing by the Province and Canada. d) Any costs that are determined by the Province and Canada, in their sole discretion, to be Eligible Expenditures; and e) Notwithstanding section E.2.1(a) of this Schedule, expenditures related to the Project associated with completing climate lens assessments or associated with the conduct and participation in consultation and engagement activities with Aboriginal Groups, if applicable, that were incurred after February 15, 2018. E.2.0 INELIGIBLE EXPENDITURES E.2.1 The following costs are Ineligible Expenditures and are therefore ineligible to be paid from the Funds: a) Costs incurred prior to the Federal Approval Date; b) Costs incurred after October 31, 2026; c) All expenditures related to Contracts awarded or executed prior to the Federal Approval Date; Page 145 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 41 of 59 d) Costs incurred for terminated or cancelled Projects; e) Costs related to developing a business case or proposal or application for funding; f) Costs associated with the acquisition, expropriation or leasing of: i. Land, ii. Buildings, or iii. Other facilities g) Costs associated with the acquisition or leasing of equipment other than equipment directly related to the construction, improvement, repair, rehabilitation or reconstruction of the Project where the Province has not provided its prior written approval; h) Costs that have not been claimed for reimbursement by March 31st of the year following the year in which the costs were incurred; i) Capital costs, including site preparation and construction costs, incurred before the Recipient has been notified in writing that environmental assessment and Aboriginal consultation obligations have been fully met and continue to be fully met; j) Costs related to any component of the Project other than its approved scope; k) Costs related to any underground infrastructure; l) Costs related to recreational trails; m) Real estate fees and related costs; n) Costs incurred for the general operation, repair and regularly scheduled maintenance of the Project; o) Services or works normally provided by the Recipient, incurred in the course of implementation of the Project, except those specified as Eligible Expenditures; p) Expenditures related to any goods and services which are received through donations or in-kind Contributions; q) Any overhead costs, including salaries and other employment benefits of any employees of the Recipient, its direct or indirect operating or administrative costs, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, except in accordance with the list of Eligible Expenditures above; r) Unreasonable meal, hospitality or incidental costs or expenses of Third Parties; s) Any amount for which the Recipient has received, will receive or is eligible to receive, a rebate, credit or refund, in full or in part; t) Taxes of any kind; u) Costs of relocating entire communities; v) In the Province’s sole discretion, the costs of communication activities undertaken by the Recipient that did not conform with the requirements of the Communications Protocol in Schedule “G”; w) Any amounts incurred or paid by the Recipient to an entity that is not at arm’s length from the Recipient, except in accordance with the list of Eligible Expenditures above; Page 146 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 42 of 59 x) Costs incurred contrary to Article 5 of Schedule “A” (Recipient’s Acquisition of Goods and Services and Disposal of Assets); y) The costs, charges, penalties or fees incurred or paid by the Recipient in the process of having a cost determined to be an Ineligible Cost. z) Legal fees, financing charges and loan interest payments, including those related to easements (e.g., surveys); aa) Costs of furnishings and non-fixed assets which are not essential for the operation of the funded Asset or Project, as well as all costs associated with moveable assets or rolling stock; and bb) Any costs associated with projects which are determined by the Province and Canada, in their sole discretion, to be: (i) Housing; (ii) An early learning and childcare facility; (iii) A health facility, or an education facility; (iv) A health facility, or an education facility, except to benefit Indigenous peoples by advancing the Truth and Reconciliation Commission’s Calls to Action, as approved by Canada; (v) A highway or trade corridor infrastructure, except for portions that connect communities that do not already have year-round access; or (vi) Resource development infrastructure, notably industrial resource development access roads. [SCHEDULE “F” – EVALUATION FOLLOWS] Page 147 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 43 of 59 SCHEDULE “F” EVALUATION F.1.0 PROJECT AND ICIP EVALUATIONS F.1.1 Recipient’s Participation in Projects and ICIP Evaluations. The Recipient understands that the Province or Canada, or both, may ask the Recipient to participate in one or more evaluation in respect of the Project or the ICIP during and for a period of up to six years after March 31, 2028. The Recipient agrees, if asked and at its own expense, to provide Project-related information to the Province or Canada, or both, for any evaluation. F.1.2 Results of Project and ICIP Evaluations. The result of any evaluation carried under section F.1.1 (Recipient’s Participation in Project and ICIP Evaluations) will be made available to the public, subject to all applicable laws and policy requirements. [SCHEDULE “G” – COMMUNICATIONS PROTOCOL FOLLOWS] Page 148 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 44 of 59 SCHEDULE “G” COMMUNICATIONS PROTOCOL G.1.0 DEFINITIONS G.1.1 Definitions. For the purposes of this Schedule “G” (Communications Protocol): “Joint Communications” means events, news releases, and signage that relate to the Agreement or the Bilateral Agreement, or both, that are not operational in nature, and that are collaboratively developed and approved by, (a) in the case of the Bilateral Agreement, Canada, the Province and the Recipient; and (b) in the case of the Agreement, the Province and the Recipient. G.2.0 PURPOSE G.2.1 Purpose. This communications protocol outlines the roles and responsibilities of each of the Parties to the Agreement in respect of Communications Activities related to the Project. G.2.2 Guidance. This communications protocol will guide all planning, development and implementation of Communications Activities with a view to ensuring efficient, structured, continuous, consistent, and coordinated communications to the Canadian public. G.2.3 Application to Communications Activities. The provisions of this communications protocol apply to all Communications Activities related to the Agreement and the Project. G.3.0 GUIDING PRINCIPLES G.3.1 Information to Canadians. Communications Activities undertaken through this communications protocol should ensure that Canadians are informed about the Project’s benefits, including the ways in which the Project helps improve their quality of life. G.3.2 Factors to Consider. The scale and scope of Communications Activities undertaken for any Project will take into consideration the financial value, scope and duration of the Project and the feasibility of Joint Communications for such Communications Activities. Page 149 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 45 of 59 G.3.3 Deficiencies and Corrective Actions. The Province will communicate to the Recipient any deficiencies or corrective actions, or both, identified by the Province, Canada or, as applicable, the Committee. G.3.4 Approval of Communications Material. The announcement or publication of the Project must be approved by the Parties and Canada prior to being carried out. G.3.5 Costs of Communication Activities. With the exception of advertising campaigns outlined in Article G.10.0 (Advertising Campaigns), the costs of Communication Activities and signage will follow the eligibility rules established in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). G.4.0 JOINT COMMUNICATIONS G.4.1 Subject Matter. The Parties and Canada may have Joint Communications about the funding and status of the Project. G.4.2 Prior Knowledge and Agreement. Joint Communications in respect of the Project should not occur without the prior knowledge and agreement of the Parties and Canada. G.4.3 Recognition of the Province’s and Canada’s Contributions. All Joint Communications material must be approved by the Province and Canada and will recognize the Province’s and Canada’s contribution or the Total Financial Assistance, or both, received in respect of the Project. G.4.4 Notice and Timing. The Recipient and the Province, on its own behalf or that of Canada, may request Joint Communications. The Party requesting the Joint Communications will provide at least 15 Business Days’ notice to the other Party. If the Communications Activity is an event, it will take place at a date and location mutually agreed to by the Parties and, if applicable, Canada. G.4.5 Participation and Representatives. The Party requesting a Joint Communications will provide the opportunity for the other Party and Canada to choose to participate and, if they do so choose, their own designated representative (in the case of an event). G.4.6 English and French. Canada has an obligation to communicate in English and French. Communications products related to events must be bilingual and include the Canada word mark and the logos of the Parties. In such cases, Canada will provide the translation services and final approval on products. G.4.7 Table of Precedence for Canada. The conduct of all Joint Communications will, as applicable, follow the Table of Precedence for Canada provided by Canada at Page 150 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 46 of 59 https://www.canada.ca/en/canadian-heritage/services/protocol-guidelines-special- event/table-precedence-canada.html, or at any other location as the Province may provide. G.5.0 INDIVIDUAL COMMUNICATIONS G.5.1 Canada’s Obligations. Notwithstanding Article G.4.0 (Joint Communications), the Parties agree that Canada or the Province, or both, have the right to communicate information to Canadians and Ontarians about the Agreement and the use of Funds to meet its legislated and regulatory obligations through their respective own Communications Activities. G.5.2 Restrictions. Each Party may include general ICIP messaging and an overview in respect of the Project in their own Communications Activities. The Province and the Recipient will not unreasonably restrict the use of, for their own purposes, Communications Activities related to the Project and, if the communications are web- or social-media based, the ability to link to it. Canada has also agreed, in the Bilateral Agreement, to the above. G.5.3 Publication. The Recipient will indicate, in respect of the Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of Canada and the Province. G.5.4 Canada’s Recognition in Documents. In respect of the Project where the deliverable is a document, such as but not limited to plans, reports, studies, strategies, training material, webinars, and workshops, the Recipient will clearly recognize Canada’s and the Province’s respective financial contribution for the Project. G.5.5 Acknowledgement of Support. Unless the Province directs the Recipient to do otherwise, the Recipient will, in respect of the Project-related publications, whether written, oral, or visual, acknowledge the Province’s and Canada’s support for the Project. G.6.0 OPERATIONAL COMMUNICATIONS G.6.1 Responsibility of Recipient. The Recipient is solely responsible for operational communications in respect of the Project, including but not limited to calls for tender, contract awards, and construction and public safety notices. Operational communications as described above are not subject to the Official Languages Act of Canada. G.7.0 MEDIA RELATIONS Page 151 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 47 of 59 G.7.1 Significant Media Inquiry. The Province and the Recipient will share information promptly with the other Party and Canada if significant media inquiries are received or emerging media or stakeholder issues arise in respect of a Project or the ICIP. G.8.0 SIGNAGE G.8.1 Recognition of Funding Contribution. The Parties agree that Canada, the Province and the Recipient may each have signage recognizing their funding contribution in respect of the Project. G.8.2 Funding Recognition. Unless otherwise agreed by Canada or the Province, or both, the Recipient will produce and install a sign to recognize the funding contributed by the Province or Canada, or both, at the Project site in accordance with, as applicable, their current respective signage guidelines. Federal sign design, content, and installation guidelines will be provided by Canada. Provincial sign design, content, and installation guidelines will be provided by the Province. G.8.3 Permanent Plaque. Where the Recipient decides to install a permanent plaque or another suitable marker in respect of the Project, the Recipient will: (a) on the marker, recognize the Province’s and Canada’s contributions; and (b) prior to installing the marker, seek the prior written approval of both Canada and the Province, each respectively, for its content and installation. G.8.4 Notice of Sign Installation. The Recipient will inform the Province of sign installations, including providing the Province with photographs of the sign, once the sign has been installed. G.8.5 Timing for Erection of Sign. If erected, signage recognizing Canada’s and the Province’s respective contributions will be installed at the Project site(s) 30 days prior to the start of construction, be visible for the duration of the Project, and remain in place until 30 days after construction is completed and the infrastructure is fully operational or opened for public use. G.8.6 Size of Sign. If erected, signage recognizing Canada’s and the Province’s respective contribution will be at least equivalent in size and prominence to Project signage for contributions by other orders of government and will be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. G.8.7 Responsibility of Recipient. The Recipient is responsible for the production and installation of Project signage, or as otherwise agreed upon. Page 152 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 48 of 59 G.9.0 COMMUNICATING WITH RECIPIENT G.9.1 Facilitation of Communications. The Province agrees to facilitate, as required, communications between Canada and the Recipient for Communications Activities. G.10.0 ADVERTISING CAMPAIGNS G.10.1 Notice of Advertising Campaigns. Recognizing that advertising can be an effective means of communicating with the public, the Recipient agrees that Canada or the Province, or both, may, at their own cost, organize an advertising or public information campaign in respect of the Project or the Agreement. However, such a campaign will respect the provisions of the Agreement. In the event of such a campaign, Canada or the Province will inform each other and the Recipient of its intention no less than 21 Business Days prior to the campaign launch. [SCHEDULE “H” – DISPOSAL OF ASSETS FOLLOWS] Page 153 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 49 of 59 SCHEDULE “H” DISPOSAL OF ASSETS H.1.0 DEFINITIONS H.1.1 Definitions. For the purposes of this Schedule “H” (Disposal of Assets): “Asset Disposal Period” means the period commencing on the Effective Date and ending five (5) years after the Expiration Date. H.2.0 DISPOSAL OF ASSETS H.2.1 Asset Disposal Period. Unless otherwise agreed to by the Province, the Recipient will maintain the ongoing operations and retain title to and ownership of any Asset acquired in respect of the Project for the Asset Disposal Period. H.2.2 Disposal of Asset and Payment. If, at any time within the Asset Disposal Period, the Recipient sells, leases, encumbers, or otherwise disposes, directly or indirectly, of any Asset other than to Canada, the Province, or a municipal or regional government established by or under provincial statute, the Province may require the Recipient to reimburse the Province for any Funds received for the Project [SCHEDULE “I” – ABORIGINAL CONSULTATION PROTOCOL FOLLOWS] Page 154 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 50 of 59 SCHEDULE “I” ABORIGINAL CONSULTATION PROTOCOL I.1.0 DEFINITIONS I.1.1 Definitions. For the purposes of this Schedule “I” (Aboriginal Consultation Protocol): “Aboriginal Community”, also known as “Aboriginal Group”, includes First Nations, Métis, and Inuit communities or peoples of Canada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. “Section 35 Duty” means any duty the Province and Canada may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. I.2.0 PURPOSE This Schedule sets out the respective roles and responsibilities of the Province and the Recipient in relation to consultation with Aboriginal Groups on the Project and serves to specify the procedural aspects of consultation delegated from the Province and Canada to the Recipient. I.3.0 PROVINCE’S ROLES AND RESPONSIBILITIES The Province is responsible for: (a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any, and advising the Recipient of same; (b) The preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Groups; (c) Delegating, at its discretion, procedural aspects of consultation to the Recipient pursuant to this Schedule; (d) Directing the Recipient to take such actions, including without limitation suspension as well as termination of the Project, as the Province may require; (e) Satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Schedule; and (f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately accommodated in relation to the Project. I.4.0 RECIPIENT’S ROLES AND RESPONSIBILITIES. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by the Province and Canada, if such notice has not already been given by the Recipient or the Province or Canada. Such notice must include language Page 155 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 51 of 59 specifying that the Province and Canada are providing funding for the Project and that the Recipient is acting as the Province’s and Canada’s delegate for the purposes of the procedural aspects of consultation; (b) Immediately notifying the Province of contact by any Aboriginal Groups regarding the Project and advising of the details of the same; (c) Informing the Aboriginal Groups about the Project and providing to the Aboriginal Groups a full description of the Project unless such description has been previously provided to them; (d) Following up with the Aboriginal Groups in an appropriate manner to ensure that Aboriginal Groups are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising the Province of the details of the same; (e) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (f) Maintaining the Aboriginal Groups on the Recipient’s mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Groups all notices and communications that the Recipient provides to interested parties and any notice of completion; (g) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; (h) Providing the Aboriginal Groups with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Groups to discuss the Project, if requested; (i) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with the Province; (j) Considering comments provided by the Aboriginal Groups regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Group, or on other interests, or any other concerns or issues regarding the Project; (k) Answering any reasonable questions to the extent of the Recipient’s ability and receiving comments from the Aboriginal Groups, notifying the Province of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Groups and any responses the Recipient has provided; (l) Where an Aboriginal Group asks questions regarding the Project directly of the Province or Canada, providing the Province or Canada with the information reasonably necessary to answer the inquiry, upon the Province’s request; (m) Where directed by the Province or Canada, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding Page 156 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 52 of 59 the Project and reporting to the Province and Canada any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (n) Consulting regularly with the Province and Canada during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to the Province and Canada the results of such discussions prior to implementing any applicable accommodation measures; (o) Complying with the Province’s or Canada’s direction to take any actions, including without limitation, suspension or termination of the Project, as the Province or Canada or both may require; and (p) In Contracts, expressly securing the Recipient’s right to respond to directions from the Province or Canada or both as the Province or Canada or both may provide. I.5.0 RECIPIENT KEEPING RECORDS AND SHARING INFORMATION. The Recipient shall carry out the following functions in relation to record keeping, information sharing and reporting to the Province: (a) Provide to the Province and Canada, upon request, complete and accurate copies of all documents provided to the Aboriginal Groups in relation to the Project; (b) Keep reasonable business records of all its activities in relation to consultation and provide the Province and Canada with complete and accurate copies of such records upon request; (c) Provide the Province and Canada with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the Project; (d) Immediately notify the Province and Canada of any contact by any Aboriginal Groups regarding the Project of any nature and provide copies to the Province and Canada of any documentation received from Aboriginal Groups; (e) Advise the Province and Canada immediately of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes so aware; (f) Immediately notify the Province and Canada if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide the Province and Canada with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by the Province or Canada; and (h) If applicable, advise the Province and Canada if the Recipient and an Aboriginal Group propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. Page 157 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 53 of 59 I.6.0 ASSISTING THE PROVINCE AND CANADA. The Recipient shall, upon request, lend assistance to the Province and Canada by filing records and other appropriate evidence of the activities undertaken both by the Province, Canada and the Recipient in consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by the Province or Canada and by the Recipient, to the relevant regulatory or judicial decision-makers. I.7.0 NO ACKNOWLEDGEMENT OF DUTY TO CONSULT OBLIGATIONS The Parties agree that nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by the Province or Canada or the Recipient that a Section 35 Duty applies in relation to the Project, nor that any role or responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation referred to in this Agreement is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. I.8.0 NO SUBSTITUTION This Schedule shall be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the Section 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision- maker acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of the Province and Canada is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Groups, the Recipient, the Province, Canada and provincial and federal ministries, boards, agencies and other regulatory decision-makers. I.9.0 NOTICES IN RELATION TO THIS SCHEDULE All notices to the Province pertaining to this Schedule shall be in writing and shall be given sent to the person identified under Schedule “B” of this Agreement. [SCHEDULE “J” – REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES FOLLOWS] Page 158 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 54 of 59 SCHEDULE “J” REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES J.1.0 DEFINITION J.1.1 Definition. For the purposes of this Schedule “J” (Requests for Payment and Payment Procedures): “Final Payment” means the final payment by the Province to the Recipient in respect of the Project as described in and to be paid in accordance with Article J.8.0 of Schedule “A” (Final Payment). J.2.0 PROCEDURES AND TIMING FOR REQUESTS FOR PAYMENT J.2.1 Procedures. The procedures provided for in Article J.3.0 of this Schedule “J” (Procedures for Requests for Payment for Eligible Expenditures) will apply to requests for payment that the Recipient submits to the Province under the Agreement. J.2.2 Diligent and Timely Manner. The Recipient will submit its requests for payment to the Province in a diligent and timely manner, and no less frequently than twice a year if costs have been incurred. If no costs have been incurred in the previous six months, the recipient will notify the Province that no claim is being submitted for that period. J.3.0 PROCEDURES FOR REQUESTS FOR PAYMENT FOR ELIGIBLE EXPENDITURES J.3.1 Timing, Reports and Documents. The Recipient will submit each request for payment for Eligible Expenditures in respect of the Project to the Province on a date and frequency as indicated in Schedule “D” (Reports) and, if the Province so requested pursuant to paragraph K.4.1(f), after review by the Committee. The Recipient agrees to submit, for each of the circumstances listed below, the following reports and documents: (a) for each request for payment, including the Final Payment, a Report in a format prescribed by the Province; (b) a report on the progress of the project, at least twice per year by the deadlines specified by the Province in a Notice; (c) for each request for Final Payment, a Final Report, acceptable to the Province; and (d) such other information as the Province may request. Page 159 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 55 of 59 J.4.0 PAYMENTS J.4.1 Payment by the Province. Subject to the terms and conditions of the Agreement, upon receipt of a request for payment fully completed in accordance with this Schedule “J” (Requests for Payment and Payment Procedures), the Province will pay Funds to the Recipient based on the Recipient’s incurred and paid Eligible Expenditures up to the Maximum Funds. Claims will be reimbursed based on the Percentage of Provincial Support and the Percentage of Federal Support as set out in Schedule “C”. J.4.2 For greater certainty and without limitation, before the Province makes a payment to the Recipient, the following terms and conditions of the Agreement must be met, in the opinion of the Province or Canada, or both: (a) the conditions set out in paragraph A.4.2(c) of Schedule “A”; (b) the special conditions listed in Article A.31.0 of Schedule “A” (Special Conditions); (c) receipt and acceptance by the Province of all required Reports and other reports, as applicable; (d) compliance with all applicable audit requirements under the Agreement; and (e) applicable communications requirements, as set out Schedule “G” (Communications Protocol). J.4.3 The Province will under no circumstances be liable for interest for failure to make a payment within the time limit provided for in this Article J.4.0 of this Schedule “J” (Payments). J.5.0 TIME LIMITS FOR REQUESTS FOR PAYMENTS J.5.1 Timing. The Recipient will submit all requests for payment on or before December 31, 2026. J.5.2 No Obligation for Payment. The Province will have no obligation to make any payment for a request for payment submitted after (i.) December 31, 2026; or (ii) March 31st of the year following the Funding Year in which the Eligible Expenditures were incurred. J.6.0 FINAL RECONCILIATION AND ADJUSTMENTS Page 160 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 56 of 59 J.6.1 Final Reconciliation and Adjustments. For the Project, following the submission of both the Declaration of Project Substantial Completion and the final Progress Report, the Province may carry out a final reconciliation of all requests for payments and payments in respect of the Project and make any adjustments required in the circumstances. J.7.0 HOLDBACK J.7.1 Holdback. For the Project, the Province may hold back funding in accordance with section A.4.12 (Retention of Contribution). J.8.0 FINAL PAYMENT J.8.1 Final Payment. Subject to paragraph A.4.2(c), the Province will pay to the Recipient the remainder of its contribution under the Agreement, including the Holdback, after all of the conditions under section A.4.12 (Retention of Contribution) have been met. [SCHEDULE “K” – COMMITTEE FOLLOWS] Page 161 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 57 of 59 SCHEDULE “K” COMMITTEE K.1.0 ESTABLISHMENT OF COMMITTEE K.1.1 Establishment and Term of Committee. If the Province requires the establishment of a Committee to oversee the Agreement, pursuant to section A.29.1 (Establishment of Committee), the Parties will, within 60 days of the Province providing Notice, hold an initial meeting to establish the Committee. The Committee’s mandate will expire on the Expiry Date of the Agreement. K.2.0 COMMITTEE MEMBERS, CO-CHAIRS, AND OBSERVERS K.2.1 Appointments by the Province. The Province will appoint two persons as members of the Committee. K.2.2 Appointments by the Recipient. The Recipient will appoint two persons as members of the Committee. K.2.3 Chairs of the Committee. The Committee will be headed by co-chairs chosen from its members, one appointed by the Province and one appointed by the Recipient. If a co- chair is absent or otherwise unable to act, the member of the Committee duly authorized in writing by the Province or the Recipient, as applicable, will replace him or her and will act as co-chair in his or her place. K.2.4 Non-committee Member Staff. The Parties may invite any of their staff to participate in Committee meetings. The Province may invite up to two representatives from Canada to sit as observers on the Committee. For greater certainty, the staff and representative(s) from Canada will not be considered members and will not be allowed to vote. K.3.0 MEETINGS AND ADMINISTRATIVE MATTERS K.3.1 Rules of Committee. The Committee will: (a) meet at least two times a year, and at other times at the request of a co-chair; and (b) keep minutes of meetings approved and signed by the co-chairs as a true record of the Committee meetings. K.3.2 Quorum. A quorum for a meeting of the Committee will exist only when both co-chairs are present. Page 162 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 58 of 59 K.4.0 COMMITTEE MANDATE K.4.1 Mandate. Provided that no action taken by the Committee will conflict with the rights of the Parties under the Agreement, the mandate of the Committee will include, but not be limited to: (a) monitoring the implementation of the Agreement including, without limitation, the implementation of Schedule “G” (Communications Protocol), for compliance with the terms and conditions of the Agreement; (b) acting as a forum to resolve potential issues or disputes and address concerns; (c) reviewing and, as necessary, recommending to the Parties amendments to the Agreement; (d) approving and ensuring audit plans are carried out as per the Agreement; (e) establishing sub-committees as needed; (f) at the request of the Province, reviewing requests for payments; and (g) attending to any other function required by the Agreement, including monitoring project risk and mitigation measures, or as mutually directed by the Parties. K.4.2 Committee Decisions. Decisions of the Committee will be made as follows: (a) the co-chairs will be the only voting members on the Committee; and (b) decisions of the Committee must be unanimous and recorded in writing. K.5.0 ROLE OF THE RECIPIENT K.5.1 Requirements. The Recipient undertakes to fulfill, in addition to any other requirements provided for in this Schedule “K” (Committee), the following: (a) establish a fixed location where the Agreement will be managed, and maintain it until the expiry of the Committee’s mandate and, if relocation is required, establish a new location; (b) prepare and retain, at the location described in paragraph K.5.1(a), and make available to the Committee, all documents needed for the work of the Committee, including payment request forms, approval documents, contracts, and agendas and minutes of meetings of the Committee and its subcommittees; Page 163 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 59 of 59 (c) ensure that any audit required of the Recipient pursuant to the Agreement is carried out and the results are reported to the Committee; (d) ensure that administrative and financial systems are developed and implemented for the Project and the work of the Committee; (e) promptly inform the Committee of all proposed changes in respect of the Project; and (f) provide the Committee, as requested and within the timelines set by the Committee, and to the Committee’s satisfaction, project status information related to Schedule “D” (Reports). Page 164 of 295 The Corporation of the Town of Tillsonburg PARKS, BEAUTIFICATION & CEMETERY ADVISORY COMMITTEE MEETING November 14, 2019 9:00 a.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Paul DeCloet, Marian Smith, Christine Nagy, Donna Scanlan, Sue Saelens, Mike Dean, Ken Butcher, Barb Wareing & Penny Esseltine Absent with Regrets: Bob Marsden Also Present: Corey Hill & Allison Jakobi 1. Call to Order The meeting was called to order at 9:00 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Christine Nagy Seconded by: Marian Smith THAT the Agenda as prepared for the Parks, Beautification and Cemetery Advisory Committee meeting of November 14, 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 Resolution #2 Moved by: Penny Esseltine Seconded by: Christine Nagy THAT the Parks, Beautification and Cemetery Advisory Committee Meeting Minutes of October 3, 2019 & Friday October 29, 2019 be approved. There was a question about the accuracy of the resolution carried in the Oct 29/19 meeting. The question was that there was no specific reference to size or scope in the resolution as reflected in the minutes. The Oct 29/19 resolution wording was reviewed as follows: Moved by: Penny Esseltine Seconded by: Christine Nagy THAT the Parks, Beautification & Cemetery Advisory Committee ask staff to bring forward a report outlining development of a naturalized scattering garden at the Tillsonburg Cemetery, from beginning through to completion, growing as use grows including an opportunity for name recognition on a plaque from the beginning. After a brief discussion there was consensus that the resolution was accurate to what was tabled and unanimously carried by the Committee. Item 8.1 was added to the agenda to discuss the matter of size and scope further. Minutes of Oct 29/19 Carried Page 165 of 295 5. Presentations/Deputations None 6. General Business & Reports 6.1. Cemetery Bylaw (#3640) Revisions; The Committee reviewed Section “D” of the current Cemetery Bylaw #3640. Suggested changes were recorded and will be tracked. The Committee is to come to the next meeting prepared to discuss section “E”. 6.2. Scattering Gardens; Deferred to Section 8.1 6.3. Keep Tillsonburg Beautiful 2020; The Committee discussed options for an event for 2020. A decision should be made by January 2020. The Committee will discuss further at next meeting. 6.4. Trans Canada Trail – Tillsonburg to Norwich; The Committee discussed the Norwich to Tillsonburg Trans Canada Trail that was recently discussed at Oxford County Council. It was noted that the Town of Tillsonburg will not be expected to be involved in the installation, maintenance and/or repair for this new section of trail. 7. Correspondence None 8. Other Business 8.1. Scattering Gardens; There was discussion about adding initiating an additional resolution to Council specific to size and scope of the proposed Scattering Gardens. Corey Hill, Staff Liaison, explained that the resolution carried in the Oct 29/19 meeting was direction to staff to come up with a plan for a reduced scope scattering gardens. As such, this was already initiated and preliminary staff planning was underway. Some of the initial staff ideas were shared with the Committee. The finalized plans would be dependent on budget, if any, that Council allocated to the project. It was shared that the revised budget that was included in the proposed 2020 capital budget for the scattering gardens was $20,000. As such, pending Council approval of budget, staff would develop a more detailed plan and come back to the Committee with that plan. The Committee was satisfied with this update and no resolutions were tabled. This item is listed as pending until Council approves the 2020 capital budget. 9. Next Meeting Thursday, December 5, 2019, at 9:00a.m.at the Corporate Office Annex Suite 203 meeting room. 10. Adjournment Resolution #3 Moved by: Marian Smith Seconded by: Christine Nagy THAT the November 14, 2019 Parks, Beautification and Cemetery Advisory Committee meeting be adjourned at 10:00 a.m. Carried Page 166 of 295 The Corporation of the Town of Tillsonburg DOG PARK ADVISORY COMMITTEE MEETING November 21, 2019 9:00 a.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Wayne Beard, Pete Luciani, Kelly Luciani, Roseanne Fillion & Connie Porter Also Present: Amelia Jaggard, Laura Pickersgill, Corey Hill & Allison Jakobi 1.Call to Order The meeting was called to order at 8:59 a.m. 2.Adoption of Agenda Resolution #1 Moved by: Connie Porter Seconded by: Kelly Luciani THAT the Agenda as prepared for the Dog Park Advisory Committee meeting of November 21, 2019, be adopted. Carried 3.Minutes of the Previous Meeting None 4.Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5.General Business & Reports 5.1. Orientation – Clerks Office; Amelia Jaggard, Deputy Clerk, conducted basic orientation for the Committee including duties and meeting governance. 5.2. Elections – Clerks Office; Amelia Jaggard, Deputy Clerk, conducted an election process and Wayne Beard was elected as Committee Chair and Kelly Luciani was elected as Vice Chair. 5.3. Committee Meeting Schedule & Location; After discussion from the group, there was agreement that the Committee would meet in Suite 203 of the Corporate Office on the 2nd Tuesday of every 2nd month at 7:30 p.m. commencing on Tuesday, January 14, 2020. 5.4. Review of Terms of Reference; The Committee Terms of Reference was distributed to the Committee. The document will be reviewed and discussed at the next Committee meeting. Page 167 of 295 5.5. Committee Objectives; Committee members should come to the next meeting prepared to discuss and identify both short and long term Committee objectives. 6. Next Meeting January 14, 2020, at 7:30 p.m., in Suite 203 of the Corporate Office. 7. Adjournment Resolution #2 Moved by: Kelly Luciani Seconded by: Roseanne Fillion THAT the November 21, 2020, Dog Park Advisory Committee meeting be adjourned at 10:00 a.m. Carried Page 168 of 295 The Corporation of the Town of Tillsonburg Economic Development Advisory Committee December 10, 2019 10 Lisgar Avenue, Tillsonburg, Board Room MINUTES Present: Andrew Burns, Councillor Deb Gilvesy, Mayor Stephen Molnar, Lisa Gilvesy, Jesse Goossens, Jim Hayes, Kirby Heckford, Lindsay Morgan-Jacko, Ashton Nembhard, Steven Spanjers, Collette Takacs, Randy Thornton, Cedric Tomico and Jeff VanRybroeck Absent with Regrets: John Veldman and Lindsay Tribble Also Present: Cephas Panschow, Development Commissioner Ron Shaw, Chief Administrative Officer Laura Pickersgill, Legislative Services Coordinator Ian McKenzie, General Manager, THI 1. Call to Order The meeting was called to order at 7:37 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Kirby Heckford Seconded by: Andrew Burns THAT the Agenda as prepared for the Economic Development Advisory Committee meeting of December 10, 2019, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Minutes of the Previous Meeting Resolution #2 Moved by: Jim Hayes Seconded by: Kirby Heckford THAT the Minutes of the Economic Development Advisory Committee meeting dated November 12, 2019, be approved. Carried Page 169 of 295 5. Presentations/Deputations 6. Information Items 7. General Business & Reports 7.1. Monthly Project Updates Development Commissioner provided a summary of the Monthly Project Update. Highlights from this update included: CJDL Engineering has made a complete submission for VanNorman Innovation Park. The Town’s Engineering Department is currently reviewing the submission. It was mentioned that the target is to tender the work in January with site works beginning, depending on weather, in March or April 2020. The Post- Secondary Education Enhancements are delayed due to labour unrest. The High Tech Manufacturing Sub-Cluster Action Plan Launch Event has been delayed until early January 2020. 7.2. Economic Development & Marketing Results Development Commissioner provided an overview of Q3 Economic Development and Marketing Results. It was noted that 46 lead files have opened to date in Q3 and there has been an increased number of client visits at 23, which is significantly higher than prior years. To date in Q3, 18 new businesses have opened and 4 businesses have closed. Execulink and North Frontenac have both invested into providing fibre networking into the community. Both of these companies plan to open store fronts in Tillsonburg. Rogers has been undertaking some improvements in the Glendale Subdivision to improve the connectivity among the community. 7.3. Third Quarter Building, Planning & By-Law Services Results- Report DCS 19-31 Development Commissioner provided an overview of Report DCS 19-31. It was noted that the number of permits issued and total value of construction in 2019 has already surpassed previous years with the residential section having the most increase in activity. Page 170 of 295 7.4. Community Strategic Plan 7.4.1. Excellence in Local Government 7.4.2. Economic Sustainability 7.4.3. Demographic Balance 7.4.4. Culture and Community 7.5. Tillsonburg Hydro Inc. 7.5.1. CAO 19-19 – Response to Hydro Sub-Committee Report CAO provided an overview on Report CAO 19-19 – Response to Hydro Sub-Committee Report. Ian McKenzie, General Manager of THI, entered the meeting at 7:55 a.m. to answer any hydro-specific questions. Discussion was held on the interpretation of the verbiage used in the correspondence received from the Ontario Energy Board if the movement to the 90% developer share is mandatory or just permitted. The General Manager of THI indicated that the former President of THI had reached out to the Ontario Energy Board for clarification and had not received any feedback. Mayor Molnar indicated he will approach the secretary of the THI Board of Directors to ensure follow up on this initiative is received. It was suggested that a member from the Ontario Energy Board or the Minister of Energy be invited to a future meeting to provide an overview of Ontario’s electrical sector including changes to the regulatory framework. The mayor indicated he will follow up on this letter in order to get an answer. General Manager of THI, explained that THI is concerned with fulfilling their mandate of adhering to regulations and maintaining profitability of THI rather than the competitiveness of keeping rates low for ratepayers. Information on Yearbook Statistics, dated back to 2003, are available on the Ontario Energy Board’s website. Mayor Molnar vacated the meeting at 8:39 a.m. Report to be forwarded onto the Hydro Subcommittee for further comments and recommendations. Concerns were raised regarding poor customer service through THI. It was encouraged that customers contact the General Manager of THI directly to Page 171 of 295 allow for proper follow-up and remediation if required. It was suggested that THI review their customer service model for improvements. Councillor Gilvesy and Ian McKenzie vacated the meeting at 8:43 a.m. 7.6. Town Hall Task Force At the Council Meeting of December 9, 2019, Council passed the following resolution: Moved by: Councillor Parker Seconded by: Councillor Esseltine THAT Report CAO 19-14 Town Hall Recommended Option – Town Hall Steering Committee be received; AND THAT, given that the quotes have come in well in excess of the benchmark and will create a negative impact on future budgets, that Council reject all proposals for the Design, Build/Lease of a new Town Hall and terminate the current RFP process; AND THAT that staff communicate with the proponents in regards to the honorarium and report back in February with recommendations on how to proceed with consideration of a complete set of options on how to proceed towards new corporate space for the Town of Tillsonburg with lower costs to the Town. Carried The new CAO is to bring a report with a new range of options back to the Committee in February 2020. 7.7. Community Improvement Plan (Oxford Lofts Inc, 83 Rolph St – Phase 2) 7.8. Oxford County Water and Wastewater Billing and Collections Review Chair, Jesse Goossens, is presenting the Committee’s comments as a delegation at Oxford County Council on December 11, 2019. 8. Community Organization Updates 8.1. Downtown Business Improvement Association The AGM was held December 3, 2019 and had very successful attendance. Award winners at the AGM are shown on the BIA’s Facebook page. The Christmas Crawl was held on December 6, 2019. Page 172 of 295 The BIA has sponsored the TGO transit system to run, free-of-charge to users for Saturdays in December. 8.2. Tillsonburg District Chamber of Commerce There was not a representative from the Tillsonburg District Chamber of Commerce present. 8.3. Tillsonburg District Real Estate Board Members reviewed the real estate activity provided by the Real Estate Board for November 2019. 8.4. Physician Recruitment It was noted that doctors are in extremely short supply in the Town. It was mentioned that Tillsonburg District Memorial Hospital is aware of this issue and is investigating ways to remedy this. Ron Shaw and Collette Takacs vacated the meeting at 9:12 a.m. 9. Correspondence 10. Other Business John Veldman has provided his resignation from the Committee. A re-election of the Vice-Chair position will occur at the next meeting. This vacancy will not be posted as there are currently enough members to meet quorum on a regular basis. 11. Round Table Member Nembhard advised that he was aware of a land sale in Aylmer for a 15 acre parcel of land for an automotive supplier. It was noted that the hydro pole beside Kelsey’s Restaurant is still broken and repairs need to be addressed. Member Spanjers indicated he will circulate the video clip from the CTV news show “Made Right Here” that features a segment on his company, Triton Innovations. Member L. Gilvesy noted that E&E McLaughlin celebrated their 40th business anniversary and they have purchased 51 Clearview Drive. Page 173 of 295 12. Next Meeting Tuesday, January 21, 2020 at 7:30 a.m. 13. Adjournment Resolution #3 Moved by: Andrew Burns Seconded by: Cedric Tomico THAT the December 10, 2019 Economic Development Advisory Committee meeting be adjourned at 9:21 a.m. Carried Page 174 of 295 The Corporation of the Town of Tillsonburg Accessibility Advisory Committee December 10, 2019 2:00 p.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Mike Cerna, Mark Dickson, Jeff Huber, Michael Kadey, Pete Luciani and Peter Staley. Absent with Regrets: Cindy Allen, Erin Getty and Margaret McCrimmon. Also Present: Amelia Jaggard, Deputy Clerk Also Absent: Emily Xuereb, Deputy Chief Building Official 1. Call to Order The meeting was called to order at 2:01 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Mike Cerna Seconded by: Jeff Huber THAT the Agenda as prepared for the Accessibility Advisory Committee meeting of December 10, 2019, be adopted. Carried 3. Minutes of the Previous Meeting Staff to request Deputy Chief Building Official to provide information on what scale of renovation requires accessibility to be included in updates. 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. General Business & Reports 5.1. Oxford County Joint Accessibility Advisory Committee Meeting 2019 Update Staff provided a brief update. Page 175 of 295 5.2. Town Facilities Review Update Staff circulated copies of feedback on Town facilities completed and submitted by Committee member C. Allen. Committee members J. Huber and M. Dickson provided an overview of the facilities that have been reviewed. Staff to provide feedback regarding Tillsonburg Public Library to Oxford County staff. Staff to share the information with the relevant department for information and action. 5.3. Draft Multi-Year Accessibility Plan Staff requested feedback and input on the plan. The plan will be brought forward to Council in January. Staff noted that implementation of family parking stalls in municipal parking lots will be considered. Staff to arrange a photo opportunity with the Director of Operations and the Committee following the March meeting. The photo will be taken at a crosswalk downtown to celebrate recent accessibility upgrades. 6. Next Meeting Tuesday, March 10, 2020 at 2:00 p.m. at the Corporate Office in Suite 203, 200 Broadway, Tillsonburg, ON. 7. Adjournment Resolution #2 Moved by: Mark Dickson Seconded by: Pete Luciani THAT the December 10, 2019 Accessibility Advisory Committee meeting be adjourned at 2:39 p.m. Carried Page 176 of 295 The Corporation of the Town of Tillsonburg Tillsonburg Transit Advisory Committee December 17, 2019 200 Broadway, 2nd Floor, Suite 203 MINUTES Present: Sherry Hamilton, Kathryn Leatherland, Councillor Pete Luciani, Lynn Temoin, John Verbakel, Carolijn Verbakel Absent with Regrets: Cindy Allen, Mayor Stephen Molnar, Kevin DeLeebeeck, Director of Operations Also Present: Alex Piggott, Transit Coordinator Laura Pickersgill, Legislative Services Coordinator 1. Call to Order The meeting was called to order at 10:01 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Carolijn Verbakel Seconded by: Kathryn Leatherland THAT the Agenda as prepared for the Tillsonburg Transit Advisory Committee meeting of December 17, 2019, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Minutes of the Previous Meeting 5. General Business & Reports 5.1. Monthly Ridership Statistics Transit Coordinator provided a summary of the monthly ridership statistics. It was noted that the Saturday bus service has increased ridership. 5.2. Daily Ridership Statistics- November 2019 Transit Coordinator provided a summary of the daily ridership statistics for the month of November 2019. Page 177 of 295 Staff to investigate what email addresses are being reached when a concern is submitted through the “Contact” section on the T:GO webpage of the Town’s website. 5.3. Monthly Payment Type Transit Coordinator outlined the monthly payment types. 5.4. Pass Type Sold It was suggested that users should be reminded to get the best value for their money by purchasing a monthly pass when purchasing more than three bus passes per month. 5.5. Retail Location Sales It was noted that riders be encouraged to attend other retail locations with extended hours if they are unable to purchase passes within the daytime office hours at the Customer Service Centre. 5.6. Report OPS 19-53 White Paper – In-Town T:GO Service Delivery Options Transit Coordinator reviewed Report OPS 19-53 White Paper – In-Town T:GO Service Delivery Options and noted the recommendation to Council included that the Town continues with the Conventional Transit Service with a transit service contractor while continuing to grow ridership. The Multi-Service Centre provides transit service to riders with disabilities, who are unable to access the T:GO system. 5.7. Report OPS 19-54 Contract Award for RFP 2019-012 Transit Operations Transit Coordinator provided a summary of Report OPS 19-54 Contract Award for RFP 2019-012 Transit Operations. It was noted that the In-Town T:GO and Inter-Community Transit Project will be held in conjunction to reduce operating costs for both systems. The Inter-Community Transit Project commences April 1st, 2020 and the contractor takes over the in-town T:GO service on July 1st, 2020. The following resolution was passed at the December 9, 2019 Council meeting: Moved by: Councillor Gilvesy Seconded by: Councillor Rosehart THAT Council receive Report OPS 19-54 Contract Award for RFP 2019-012 Transit Operations; AND THAT Council Award RFP 2019-012 to 947465 Ontario Ltd. o/a Voyago at the revised pricing outlined in this report. Page 178 of 295 Carried Staff were requested to invite a T:GO Bus Driver to a future meeting to receive feedback on the existing system, however these comments are provided through the monthly meetings with the service contractor and the Transit Coordinator. Staff to provide specifications and a visual of the new bus at the next meeting. Bus service has been extended on New Year’s Eve to continue service after 6:00 p.m. that evening until 3:00 a.m. on the morning of January 1, 2020. 5.8. Resignation of Committee Member Resolution #3 Moved by: Lynn Temoin Seconded by: Pete Luciani THAT the Tillsonburg Transit Advisory Committee receives and accepts the resignation of Committee Member David Brown. Carried 6. Next Meeting Tuesday, January 21, 2020 at 10:00 a.m. 7. Adjournment Resolution #4 Moved by: Pete Luciani Seconded by: John Verbakel THAT the December 17, 2019 Tillsonburg Transit Advisory Committee meeting be adjourned at 10:54 a.m. Carried Page 179 of 295 = ATTENDANCE Bob Marsden, Patty Phelps, Marianne Sandham, Dianne MacKeigan, Sherry Hamilton, Joan Weston, Chris Rosehart MEMBERS ABSENT/REGRETS Donna Scanlan, Rosemary Dean / 1. Call to Order The meeting was called to order at 4:30 pm 2.Adoption of Agenda Moved By: Sherry Hamilton Seconded By: Marianne Sandham Resolution #1 THAT the Agenda for the Museum Advisory Committee meeting of December 19, 2019 be adopted as circulated. Carried 3.Disclosures of Pecuniary Interest and the General Nature Thereof- none 4.Adoption of Minutes of Previous Meeting 4.1 Minutes of the Meeting of November 28, 2019 Moved by: Joan Weston Seconded by: Marianne Sandham Resolution #2 THAT the minutes of the meeting for the Museum Advisory Committee November 28, 2019 be adopted as circulated. Carried The Corporation of the Town of Tillsonburg Museum Advisory Committee Thursday, December 19, 2019 4:30 pm Program Room- 2nd floor Annandale NHS 30 Tillson Ave., Tillsonburg MINUTES Page 180 of 295 5. Delegations and Presentations- none 6. General Business & Reports 6.1. Financial- There was a balance of $154,361.16 in the Annandale House Trust account. This morning a bill for porch and other repairs in the amount of $24, 525.23 was paid from this account. 6.2. Tour Guides-Guides were recruited for the two tours that were scheduled in December. A new guide, Dorothy Dahm, shadowed the December 12th tour as she is interested in tour guiding. 6.3. Curator- The curator’s report was circulated and discussed and is attached. Moved By: Joan Weston Seconded By: Sherry Hamilton Resolution # 3 THAT the reports be accepted as discussed. Carried 7. Correspondence- none 8. Other Business 8.1. Security Protocol Review- There is a plan in place for the museum volunteers but they may not all be familiar with the protocol. Patty and Dianne will get together in the new year and plan to familiarize volunteers with this. 8.2. Emergency Protocol Plan- There is a plan in place for emergencies but it probably needs to be reviewed and updated. Patty and Dianne will do this in the new year and plan a training session for volunteers. 8.3 Terms of Reference- Updated terms of reference were reviewed. Moved by: Sherry Hamilton Seconded by: Joan Weston Resolution #4 THAT the Terms of Reference for the Annandale Museum Advisory Committee be approved as amended. Carried Page 181 of 295 9 Next Meeting- Thursday, January 23, 2020 10. Adjournment Moved by: Joan Weston Resolution #5 THAT the meeting be adjourned at 5:18 p.m. Carried Page 182 of 295 ANNANDALE NATIONAL HISTORIC SITE Curator’s Report - December 2019 ATTENDANCE FIGURES • Should end year close to last year’s figure but not anticipated to show an increase over 2018. • 2019 numbers will not increase due to decrease in school class bookings in December • Fewer bookings due to labour issues with school board/teacher’s union Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sept. Oct. Nov. Dec TOTAL 2019 514 466 510 583 503 1615 2104 1783 645 541 827 2018 230 446 481 619 608 1468 2385 1369 574 734 872 1429 11239 2017 677 557 547 557 954 1933 2875 1806 569 593 949 1180 11,064 EXHIBIT IN THE PRATT GALLERY • “From Snow Covered Lanes to Candy Canes – the history of the Christmas Card” November 22 to January 5 o Exhibit well received by visitors o People amazed at the items made from Christmas Cards – particularly the lamp shade FIRST EXHIBIT OF 2020 • Change in plans - was to have been a travelling exhibit from ROM • Cost of exhibit rental and shipping was almost $8,000 • Grant application and sponsorship appeals were made • Unable to secure grant or sponsorship • 25% non-refundable deposit required by Dec. 31st • Decision made to cancel booking • First exhibit will now be “Our Painting Past – an exhibit highlighting the paintings from the museum’s collection” HOLIDAY HOURS • Museum closed Dec. 24 ,25,26 • Open 9 to 4 Dec. 27, and 1 to 4 on Dec. 29 • Closed Dec. 31 & Jan. 1 CHRISTMAS SCHOOL PROGRAMING • 16 class visits this year compared to 32 in 2018 • Students from Annandale Public School • Grades K to Grade 7 • Labour issues resulted in lower than normal class visits PENNY SALE • $71.00 worth of tickets sold at Historical Society Christmas Pot Luck • $644.00 sold as of Wednesday, December 18, 2019 • Will sell tickets at Poinsettia Tea on December 20th before draw 1st Quarter 2nd t Quarter 3rd t Quarter 4th Quarter Year End 2019 1,160 2,695 4328 2018 1,160 2,695 4328 8,183 2017 1781 3,444 5,250 2,722 11,064 Page 183 of 295 ORIGIANAL PHOTOGRAPHIC ARTWORK RAFFLE • Historical Society currently raffling an original photographic artwork by Jennifer Jackson • Proceeds will be donated to the Annandale Trust Fund - Tickets $5.00 • $790 sold as of Wednesday, December 18, 2019 DONATED ITEMS FROM NANCY TILLSON ESTATE • Items arrived on December 12, 2019 • Items received; marble topped small buffet, 2 chairs, foot stool, “What-not” 5 tiered display stand, 2 soup bowls and pitcher monogramed EDMAT from the 50th Anniversary dishes set. • Currently being processed into the collection • Will be placed in the house after the Christmas décor has been removed OCCI CORNER GALLERY • More sales in the last month • YTD commission for Trust $814.39 Page 184 of 295 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES of November 6, 2019 Approved December 4, 2019 Members in attendance: Dave Beres, Robert Chambers, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten and Peter Ypma Staff in attendance: J. Maxwell, A. LeDuc, L. Minshall, S. Johnson and D. McLachlan Regrets: Kristal Chopp The meeting was called to order at 6:30 pm Wednesday November 6, 2019 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS A-133/19 moved: R. Geysens seconded: V. Donnell THAT the LPRCA Board of Directors add “October 2019 Flood Events and Watershed Conditions Update” under Section 10 item (f) to the November 6, 2019 agenda. CARRIED DECLARATION OF CONFLICTS OF INTEREST None MINUTES OF PREVIOUS MEETINGS No questions or comments. A-134/19 moved: J. Scholten seconded: R. Chambers THAT the minutes of the Board of Directors Regular Meeting held October 2, 2019 be adopted as circulated. CARRIED BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES No questions or comments. Page 185 of 295 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 2 - a) Backus Museum Committee Minutes – September 9, 2019 A-135/19 moved: D. Beres seconded: T. Masschaele THAT the minutes from the Backus Museum Committee meeting of September 9, 2019 be received as information. CARRIED CORRESPONDENCE a) Marci Shea-Perry, Executive Director – Camp Trillium Announcement b) Sandboy Marina – Flooding in Long Point Item 8 (b) of the agenda was discussed in conjunction with item 10 (f). A-136/19 moved: R. Chambers seconded: R. Geysens THAT the correspondence outlined in the Board of Director’s Agenda of November 6, 2019 be received as information. CARRIED DEVELOPMENT APPLICATIONS A-137/19 moved: J. Scholten seconded: V. Donnell THAT the LPRCA Board of Director’s does now sit as a Hearing Board. CARRIED The roll was called to conduct the following Hearing under Section 28.1(5) of the Conservation Authorities Act. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. a) Hearing LPRCA – 214/19 – Leggat L. Minshall, Manager of Watershed Services introduced Mel and Paula Leggat, their agent, Nathan Kolomaya, and contractor, Chuck Thompson, and then presented the staff report. This application was received October 24, 2019 to construct a new one storey seasonal dwelling. The area requested for the construction is in the Lake Erie shoreline erosion hazard and is contrary to the LPRCA policies for administration of O. Reg. 178.06. LPRCA granted a permit in May 2019 to raise the cottage onto a new foundation and remove and replace the roof. This summer, a new foundation had been constructed and most of the previous dwelling had been demolished which voided the LPRCA permit. Mr. Kolomaya spoke on behalf of the applicants noting that the applicants had every Page 186 of 295 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 3 - intent to comply with the permit and make repairs but as progress proceeded the applicants were advised by the Building Department that the cottage was unrepairable and it would be best to tear down and rebuild. The applicant did not notify LPRCA of the change in plans. Once informed, remedial recommendations were suggested by LPRCA but determined by the contractor to be unsuitable. Staff and the proponent responded to questions from the Board. There were no comments from other interested parties and no further questions. A-138/19 moved: S. Patterson seconded: J. Scholten THAT the LPRCA Hearing Board does now enter into a closed session to discuss: • Litigation or potential litigation, including matters before administrative tribunals (e.g. Local Planning Appeal Tribunal), affecting the Authority. • Advice that is subject to solicitor-client privilege. CARRIED A-139/19 moved by: P. Ypma seconded: V. Donnell That the LPRCA Hearing Board does now adjourn from the closed session. CARRIED The Chair read the following resolution as discussed in the closed session. That the LPRCA Board of Directors grant a “Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses” permit for permit application LPRCA-214/19 (Mel and Paula Leggat). A-140/19 moved by: R. Geysens seconded: V. Donnell That the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. CARRIED Staff Approved applications Staff completed and permitted 23 applications over the past month. LPRCA-185/19, LPRCA-187/19, LPRCA-191/19, LPRCA-192/19, LPRCA-193/19, LPRCA-194/19, LPRCA- 196-19, LPRCA-199/19, LPRCA-201/19, LPRCA-202/19, LPRCA-203/19, LPRCA-204/19, LPRCA-205/19, LPRCA-206/19, LPRCA-207/19, LPRCA-208/19, LPRCA-210/19, LPRCA- 212/19, LPRCA-215/19, LPRCA-216/19, LPRCA-217/19, LPRCA-218/19 and LPRCA- 219/19. Page 187 of 295 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 4 - A-141/19 moved: R. Chambers seconded: K. Hewitt That the Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated October 28, 2019 as information. CARRIED b) New applications The Planning Department recommended approval for three applications. A-142/19 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-220/19 LPRCA-221/19 LPRCA-226/19 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. CARRIED NEW BUSINESS a) GENERAL MANAGER’S REPORT The meeting with Minister Yurek, MECP, has now been confirmed for December 2, 2019 at 2:30pm. The General Manager, Manager of Corporate Services, Manager of Watershed Services, Chair and Vice-Chair will be attending on behalf of LPRCA. Camp Trillium leases the Rainbow Lake property from LPRCA. A planned merger between Camp Trillium and Camp Oochigeas (Ooch) is scheduled to be completed at the beginning of December; an Acknowledgement has been drafted to continue the lease with the new organization. A-143 /19 moved: R. Chambers seconded: V. Donnell THAT the LPRCA Board of Directors receives the General Manager’s Report for October 2019 as information. CARRIED Page 188 of 295 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 5 - b) 3RD QUARTER FINANCIALS The Manager of Corporate Services reviewed the budget performance as October 31st. Year to date revenues are exceeding expenditures by $923,624, Operating expenditures are at 84% of budget due to unbudgeted grant funding revenue and seasonal timing issues. Wages and parks, excluding Backus, are trending on budget. Overall, the organization is in a positive position compared to budget. Some of the capital projects will not be completed by year end due to staffing and time restrictions, or they are multi-year projects like the National Disaster Mitigation Program funded projects. A-144/19 moved: J. Scholten seconded: K. Hewitt THAT the LPRCA Board of Directors receives the Budget Performance Report as at September 30, 2019 as information; CARRIED c) PRESCRIPTION / OPERATING PLAN – LANDON TRACT Staff prepare prescriptions / operating plans for the forest tracts that will receive some form of silvicultural treatment. Upon approval, staff will mark the property and tender out the contract. The Landon Prescription / Operating Plan required Ministry of Natural Resources and Forestry (MNRF) input due to ongoing research conducted on the property by MNRF staff. A-145/19 moved: R. Chambers seconded: K. Hewitt THAT the LPRCA Board of Directors approves the prescription/operating plan for the Landon Tract on the 7th Concession of Charlotteville Township. CARRIED d) INVESTING IN CANADA INFRASTRUCTURE PROGRAM S. Johnson, Curator, Backhouse Historic Site, will be submitting an application to the Investing in Canada Infrastructure program under the Community, Culture and Recreation Funding Stream for rehabilitation and/or renovation to various structures at Backus Heritage Conservation Area. This is a federal program in partnership with the Province of Ontario. The deadline for submission is November 12, 2019 and requires board support. Page 189 of 295 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 6 - A-146/19 moved: R. Chambers seconded: V. Donnell THAT the LPRCA submit an application to the Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream for a capital grant of up to $365,000 for the Rehabilitation of the Conservation Education Centre, the Backhouse Grist Mill, the Backus Homestead and the 1967 Museum; AND THAT a matching contribution of $104,380 from existing sources be committed to this project and that Backus Heritage Conservation Area raise $31,620 by 2026 for a total matching contribution of $136,000. CARRIED e) VEHICLE TENDER As per the approved 2019 budget, one new vehicle was tendered and advertised. Five bids were received prior to the deadline, three bids were under budget, and all met the requirement of the request for tender. Staff recommended the lowest bidder. A-147/19 moved: R. Chambers seconded: R. Geysens THAT the LPRCA Board of Directors accepts the tender submitted by Port Dover Kia for the purchase of one new 2020 Kia Sportage LX AWD for $24,671 plus tax of $3,207.23 for a total submitted price of $27,878.23. CARRIED f) OCTOBER 2019 FLOOD EVENTS AND WATERSHED CONDITIONS UPDATE The Manager of Watershed Services reviewed the sequence of the significant flood events that occurred on October 27th and October 31st. Flood watches were issued October 26th at 1 pm and October 30th at 4 pm. A Flood warning was issued October 31st at 11:30am which provided emergency services time to contact people in low-lying areas. These wind surges were moderate events and caused flooding and damage due to the high lake level. Peak surge for both events occurred October 27th at 2 pm, and between October 31st at 12:30 am and November 1st at 1 am. A-148/19 moved: R. Geysens seconded: V. Donnell THAT the LPRCA Board of Directors receives the October 2019 Flood Events and Watershed Conditions Update and associated correspondence as information. CARRIED Page 190 of 295 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 7 - A-149/19 moved: R. Chambers seconded: R. Geysens THAT the LPRCA Board of Directors does now enter into a closed session to discuss:  Personal matters about an identifiable individual, including employees of the Authority  Litigation or potential litigation, including matters before administrative tribunals (e.g. Local Planning Appeal Tribunal), affecting the Authority CARRIED A-150/19 moved: V. Donnell seconded: P. Ypma THAT the LPRCA Board of Directors does now adjourn from the closed session. CARRIED The Chair adjourned the meeting at 8:45pm. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 191 of 295 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-001 A BY-LAW To Provide a Schedule of Fees for certain Municipal applications, services and permits. WHEREAS Section 39(1) of the Municipal Act, S. O. 2001, c. M. 25, as amended, provides that without limiting sections 9, 10 and 11, those sections authorize a municipality to impose fees or charges on persons, for services or activities provided or done by or on behalf of it, for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and for the use of its property including property under its control; WHEREAS it is necessary and expedient to establish a Schedule of Fees for certain Municipal applications, services and permits; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Schedule "A" to this By-Law is adopted as the Schedule of Fees for certain Municipal applications services and permits listed therein. 2. Should the provisions of any other By -Law of the Town of Tillsonburg or other document purporting to set the Fees listed in Schedule " A" be in conflict with the provisions of this By -Law, the provisions of this By -Law shall prevail. 3. That Schedule "A" to this By-Law forms part of this By-Law as if written herein. 4. This By-Law shall come into full force and effect on the day of its passing. 5. That By-Law 4251 passed on the 28th of January, 2018 shall be hereby repealed. READ A FIRST AND SECOND TIME THIS 9th day of DECEMBER, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 13th day of JANUARY, 2019. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 192 of 295 Building-Bylaw-Clerks-PlanningItem 2019 Fee Proposed 2020 Fee % Change TaxAnimal ControlBoarding Fee Cat 25.00 25.00 0%HSTBoarding Fee Dog 25.00 25.00 0%HSTCall out fee for service 110.00 110.00 0%HSTDog license - spayed or neutered before March 31 (discounted) 17.00 17.00 0%ExemptDog license - spayed neutered after March 31 35.00 35.00 0% ExemptDog license - intact - before March 31 (discounted) 22.00 22.00 0%ExemptDog license - intact - after March 31 40.00 40.00 0% ExemptCat license - spayed or neutered before March 31 15.00 15.00 0%ExemptCat license - spayed neutered after March 31 20.00 20.00 0%ExemptCat license - intact - before March 31 20.00 20.00 0%ExemptCat license - intact - after March 31 25.00 25.00 0%ExemptCat/dog license - replacement 5.00 5.00 0%ExemptEuthanasia and Disposal - Cat 60.00 60.00 0%HSTEuthanasia and Disposal - Dog 80.00 80.00 0%HSTLive Trap Placement 110.00 110.00 0%HSTMuzzle Order Appeal 200.00 200.00 NEWExemptBy-law EnforcementInvoice admin processing fee 250.00 255.00 2%HSTIssue Order 125.00 130.00 4%HSTRe-issuance of Permit/License/Document 50.00 50.00 0%ExemptFortification By-Law Exemption Application - single family dwelling or not-for- 150.00 150.00 0%HSTFortification By-Law Exemption Application - Multi-Residential, Commercial, 400.00 400.00 0%HSTProperty Standards Appeal 350.00 360.00 3%ExemptNoise By-Law Exemption Permit - Minor 250.00 250.00 0%ExemptNoise By-law Exemption Permit - Major 375.00 375.00 0%ExemptBuilding - FeesBuilding - photocopies - larger than ledger 3.00 3.00 0%HSTBuilding Certificate 55.00 55.00 0%ExemptPermit fees - amend existing permit 55.00 55.00 0%Permit Review Fee - major amendment to existing permit 50.00 51.00 2% HSTBuilding - FeesResidential – New Low Density - Single Detached & Townhouses Minimum permit fee $2,326.00OR$130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction- whichever is greater- plumbing permit fees included Minimum permit fee $2,373.00OR$133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction- whichever is greater- plumbing permit fees included 2% ExemptResidential – Mobile Homes, Low Density, Medium Density, High Density, Additions, Alterations, etc. $130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included 2% Exempt1Page 193 of 295 Building-Bylaw-Clerks-PlanningItem 2019 Fee Proposed 2020 Fee % Change TaxICI – New $130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included 2% ExemptICI Major Alterations/Renovations/Additions(> 75,000) $1,037.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included $1,058.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included 2% ExemptICI Minor Alteration/Renovations/Additions($75,000 or less) $259.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction.- plumbing permit fees included $265.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction.- plumbing permit fees included2% ExemptDecks, Sheds, Accessory Buildings, Pools, etc. $130.00 Flat Rate + $11.40 per each additional $1000.00 in value of construction. $133.00 Flat Rate + $11.63 per each additional $1000.00 in value of construction. 2% ExemptPart 9 Residential Demolition 130.00 133.00 2%ExemptDemolition – all others 519.00 530.00 2%ExemptWater Connection, Sewer Connection or repair 130.00 133.00 2%ExemptChange of Use Permit (no construction) 259.00 265.00 2%ExemptConditional Permit Agreement 259.00 265.00 2%ExemptAlternative Solution Review 519.00 + cost of peer review 530.00 + cost of peer review 2%ExemptOccupant Load Inspection Analysis & Report 78.00/hr 80.00/hr 3%ExemptAGCO Agency Approval 78.00 80.00 3%ExemptRe-inspection 78.00 80.00 3%ExemptIssue Order 125.00 130.00 4%ExemptTransfer Permit 104.00 107.00 3%ExemptConstruction w/o Permit Double the initial permit rate Double the initial permit rate 0%ExemptSignsPermit fees - signs - permanent a) $75.00 first $1,000.00 of estimated value of construction plus b) $5.00 per each additional $1,000.00 or part there of a) $75.00 first $1,000.00 of estimated value of construction plus b) $5.00 per each additional $1,000.00 or part there of 0% ExemptPermit fees - signs - mobile 30.00 30.00 0%ExemptPermit fees - sign - construction/placement without a permit double initial permit fee double initial permit fee 0%ExemptSign Variance - Minor Variance - Director Approval 275.00 275.00 0%ExemptSign Variance - Major Variance - Council Approval 400.00 400.00 0%ExemptSign Variance - Appeal Application 275.00 275.00 0%ExemptSign Variance - after the fact 1.5 the initial application rate 1.5 the initial application rate 0% ExemptSign Removal - General 125.00/sign 125.00/sign 0%HSTSign Removal - Mobile Sign 275.00/ea 280.00/ea 0%HSTSign Removal - Posters 25.00/ea + cost to repair any damage to public property 25.00/ea + cost to repair any damage to public property 0% HSTSign Removal - Temporary Signs 25.00/ea 25.00/ea 0%HSTSign Removal - A-Frame/Sandwich Board/Sidewalk Signs 100.00/ea 100.00/ea 0%HSTSign Removal - Banner Sign 250.00/ea 250.00/ea 0%HST2Page 194 of 295 Building-Bylaw-Clerks-PlanningItem 2019 Fee Proposed 2020 Fee % Change TaxPermit fees - temporary buildings 2,000.00 2,000.00 0%ExemptPermit fees - transfer of permit 55.00 56.00 2% ExemptBuilding LicencesTaxi Cab Driver's Licence 35.00 35.00 0% ExemptTaxi Cab Owner Stand 125.00 125.00 0% ExemptTaxi Cab Owner Licence 50.00 50.00 0% ExemptTaxi Cab Vehicle Licence 65.00 65.00 0% ExemptGroup Transportation Owner Licence 50.00 50.00 0%Group Transportation Drivers Licence 35.00 35.00 0%Group Transportation Vehicle Licence 75.00 75.00 0%Group Transportation Vehicle Licence Renewal 50.00 50.00 0%Limousine Driver's Licence 65.00 65.00 0% ExemptLimousine Owner Licence 70.00 70.00 0% ExemptLimousine Vehicle Licence 72.00 72.00 0%ExemptKennel - new 100.00 100.00 0% ExemptKennel - renewal 100.00 100.00 0%ExemptClerk Issued Documents -LicencesBusiness Licence New Business 140.00 140.00 0%ExemptHome occupation Business 140.00 140.00 0%ExemptBusiness Licence per yearAuctioneer Licence 205.00 205.00 0%ExemptPawnbroken Licence - renewal 65.00 65.00 0%ExemptPawnbroker Licence - new 205.00 205.00 0%ExemptPawnbroker Security Deposit - refundable 2,000.00 2,000.00 0%ExemptVending/Salesperson Licence 205.00 205.00 0%ExemptFood Vending Licence 205.00 205.00 0%ExemptEvent Organizer Licence 205.00 205.00 0%ExemptOther Marriage Licence 130.00 130.00 0%ExemptMarriage Ceremony - Council Chambers 250.00 250.00 0%HSTMarriage Ceremony - Other Location 300.00 300.00 0%HSTWitness if required 25.00 25.00 0%HSTBurial Permits 20.00 20.00 0%ExemptPhotocopying/ Printing double sided 0.55 0.55 0% HSTPhotocopying/ Printing single sided 0.50 0.50 0% HST3Page 195 of 295 Building-Bylaw-Clerks-PlanningItem 2019 Fee Proposed 2020 Fee % Change TaxComissioner of Oaths Signatures where Clerk must produce affidavit (max. 3 see notes) 25.00 25.00 0% noneCommissioner of Oaths Signatures or Certified True Copies (max. 5 see notes) 25.00 15.00 -40% noneRegister Document on Title 200.00 250.00 25%ExemptRemove/Release Document from Title 200.00 250.00 25%ExemptTitle Search 55.00 75.00 36%ExemptFreedom of Information Request (FOI) - Initial Fee 5.00 5.00 NEWExemptPlanning & DevelopmentCash-in-lieu of parkland (consents) 1,000.00 1,000.00 0%ExemptPlanning Application - Minor Variance 900.00 950.00 6%ExemptPlanning Application - Minor Variance - after the fact 1,800.00 1,900.00 6%ExemptPlanning Application - Site Plan - Minor 500.00 515.00 3%ExemptPlanning Application - Site Plan - Minor - after construction 1,000.00 1,030.00 3%ExemptPlanning Application - Site Plan - Major 1,000.00 1,050.00 5%ExemptPlanning Application - Site Plan - Major - after construction 2,000.00 2,100.00 5%ExemptPlanning Application - Site Plan - Amendment Application 500.00 515.00 3%ExemptPlanning Application - Site Plan - Amendment Application after-the-fact 1,000.00 1,030.00 3%ExemptSite Plan Application - 3rd & subsequent submissions 500.00 515.00 3%ExemptSite Plan Agreement Administration Fee (includes registration on title) 500.00 515.00 3%ExemptPlanning Application - Zone Change- prior to use 1,200.00 1,250.00 4%ExemptPlanning Application - Zone Change- after use has occupied 2,400.00 2,500.00 4%ExemptPlanning Application - Zoning - Removal of (H) 250.00 260.00 4%ExemptSubdivision Certificate 55.00 60.00 9%ExemptZoning Certificate 50.00 55.00 10%ExemptCivic Addressing - Readdressing - 100.00 NEWExemptLand Division (severance) Clearance Letter 50.00 55.00 3%ExemptSeverance Agreement 1,000.00 1,025.00 3%ExemptPlanning - Preservicing Agreement Administration fee 1,500.00 1,550.00 3%HSTSubdivision Agreement Administration Fee 1,500.00 1,550.00 3%HSTSubdivision Drawing Review (per lot) 100.00 105.00 0%ExemptSubdivision Drawing Review Fee (per lot) - 3rd submission & thereafter 50.00 52.50 0%ExemptEngineering Inspection Fee 150.00 175.00 0%ExemptStorm Water Management Pond Review 500.00 525.00 0%ExemptEncroachment Agreement Fee 1,300.00 1,350.00 4%ExemptEncroachment Permit Fee 25.00 NEWHSTEasement Research Request 110.00 115.00 5% ExemptEngineering Certificate Request 110.00 115.00 5% Exempt4Page 196 of 295 FinanceItem 2019 Fee Proposed2020 Fee % Change Tax UnitCorporatePhotocopying/ Printing double sided 0.55 0.55 0%HSTper pagePhotocopying/ Printing single sided 0.50 0.50 0%HSTper pageInterest on overdue accountsInterest on Interest on 0%HSTper monthTax DepartmentTax certificate50.00 50.00 0%ExempteachTax registration service costs3,000.00 3,000.00 0%ExempteachTax Bill reprint10.00 10.00 0%ExempteachTax receipt 10.00 10.00 0%ExempteachPayment Redistribution15.00 15.00 0%ExempteachWater/Sewer Admin Charge45.00 45.00 0%ExempteachTax Statement (Paper Copy Only) - 10.00 100%exempteachCorporateNSF FeeNSF FeeNSF FeeExempteach5Page 197 of 295 TCCPrograms 2020 Fee Tax UnitCommunity Centre - AquaticsAquafit - 10 passes 53.55 HST10 passesAerobics - 10 passes 53.55 HST10 passesAquafit - 20 passes 84.75 HST20 passesAquatfit/Aerobics Classes - 50 passes 168.20 HST50 passesAquafit/Aerobics Classes - 100 passes 297.05 HST100 passesAerobics - 20 passes 83.05 HST20 passesAerobics - 5 passes 37.70 HST5 passes30 minute Swimming Lesson 55.70 Exempt8 lessons45 minute Swimming Lesson 59.00 Exempt8 lessons60 minute Swimming Lesson 62.20 Exempt8 lessonsBronze Star 63.65 HSTcourseBronze Medallion 79.05 HSTper courseBronze Cross 79.05 HSTper courseFirst Aid 100.00 HSTper courseFirst Aid Recert 70.00 HST per courseNational Lifeguard 218.60 HSTper courseNational Lifeguard Recert 52.00 HSTper courseAssistant Swimming Instructors School 67.40 HSTper courseAdditional Fee 27.85 HSTper courseSwim for Life Instructors School 106.25 HSTper courseLifesaving Instructors 106.70 HSTper courseSwim/Lifesaving Instructors 218.60 HSTper coursePrivate Lessons (14+ years) 114.65 HST6 classesPrivate Lessons 114.65 Exempt 6 lessonsLifesaving Sport Fundamentals 59.35 Exempt8 lessonsSwim Synchro Swimming Lessons 59.35 Exempt8 lessonsSynchronized Swimming Team 505.10 Exempt9 MonthsFirst Aid Instructor 107.20 HSTper courseNational Lifeguard Instructor 153.90 HSTper courseExaminer Standards/Advanced Instructors 38.65 HSTper courseCommunity Centre - classes, courses, and campsAdult Friendly Badminton 71.10 HST13 lessonsBabysitting Course 55.20 Exempt8hr courseBus Trip - Base (Youth Trips) 56.10 ExemptBus Trip - Adults 175.00 HSTBus Trip Adults 95.00 HSTeachBus Trip 80.00 HSTeachBus Trip 85.00 HSTeachBus Trip 90.00 HSTeachBus Trip 95.00 HSTeachBus Trip 100.00 HSTeachBus Trip 105.00 HSTeach6Page 198 of 295 TCCPrograms 2020 Fee Tax UnitBus Trip 110.00 HSTeachBus Trip 115.00 HSTeachBus Trip 120.00 HSTeachBus Trip 125.00 HSTeachBus Trip 130.00 HSTeachBus Trip 135.00 HSTeachBus Trip 140.00 HSTeachBus Trip 145.00 HSTeachBus Trip 150.00 HSTeachBus Trip 155.00 HSTeachBus Trip 160.00 HSTeachBus Trip 165.00 HSTeachBus Trip 170.00 HSTeachBus Trip 175.00 HSTeachDance 30 min class 37.25 Exempt6 lessonsDance 45 min class 60.00 Exempt6 lessonsDance 60 min class 68.45 Exempt6 lessonsFitness for Teens 71.70 HST8 lessonsStability Ball 71.70 HST6 lessonsFloor Gymnastics 56.00 HST6 lessonsUltimate Mix Sports 37.95 HST6 lessonsIndoor Soccer 37.95 HST6 lessonsKarate - Kids Karate 60.50 Exempt12 lessonsKarate - Tiny Tigers 48.75 Exempt12 lessonsPreSchool Program 60.50 Exempt10 lessonsLearn to Run (Clinic) 72.75 HST12 lessonsWorkshops - 1/2 day 27.55 HSTWorkshops - Specialty Course 82.80 HSTWorkshops - 8 hours 110.35 HSTYoga 27.55 HST6 lessonsYouth Boys/Girls Volleyball 37.25 HST6 lessonsYouth Co-Ed Basketball Gr 5/6 37.25 HST6 lessonsYouth March Break Program - daily 35.00 ExemptdailyYouth Camp - week 140.90 ExemptweekYouth Camp day 35.00 ExemptdailyYouth Camp Lunch 6.00 ExempteachYouth Camp Special 194.45 ExemptweekYouth Camp - short week 113.60 ExemptCancellations less than 24 hours notice 70% of registration Community Centre - EventsRun - 10km - day of registration 53.00 HSTper personRun - 10km - regular registration 42.60 HSTper personRun - 10km - early bird registration 37.40 HSTper personRun - 5km - regular registration 37.40 HSTper personRun - 5km - early bird registration 32.20 HSTper personRun - 5km - day of registration 47.80 HSTper personBike Tour - 25km 20.80 HSTper person7Page 199 of 295 TCCPrograms 2020 Fee Tax UnitBike Tour - 40km 41.60 HSTper personBike Tour - 100km 62.40 HSTper personBike Tour - 100mi 83.20 HSTper personCommunity Centre - Facility RentalsArena - Weekdays before 5pm & after 11pm 95.95 HSThourArena - Weekdays after 5pm & weekends 178.30 HSThourArena - Minor 125.25 HSThourArena - Shinny 5.80 HSTper personArena - Ice Flat Rate 433.00 HSTper dayArena Floor - Commercial 2,281.65 HSTper dayArena Floor - Full Use 1,719.15 HSTper dayArena Floor - Flat Fee (no set up) 562.45 HSTper dayArena Floor - Chilled Floor (additional fee) 2,164.85 HSTper dayArena Floor - Hourly League Fee 69.45 HSTper hourArena Floor - Set up Day/Tear Down Day 859.55 HSTper dayArena Storage Room A 27.00 HSTper monthArena Storage Room B 16.25 HSTper monthArena Storage Room C 5.60 HSTper monthArena - Mini Practice Rink 46.20 HSThourAuditorium - Friday or Saturday 541.20 HSTper dayAuditorium - Sunday - Thursday 302.45 HSTper eveningAuditorium - Hourly 61.10 HSTRoom Set up & Decorating Fee (Day before) 113.55 HSTBall Diamond - Occasional Use 81.20 HSTper dayBall Diamond - Seasonal Youth Team 81.20 HSTBall Diamond - Seasonal Team Practice 286.50 HSTper teamBall Diamond - Seasonal Adult Team 472.25 HSTper teamBall Diamond - 2-day Tournament (Annandale Diamonds) 557.10 HST2 daysBall Diamond - Tournament per diamond per day 81.20 HSTper diamond/dayBall Diamond - portable washrooms - 1 day tournament 212.25 HST2 unitsBall Diamond - portable washrooms - 2 day tournament 265.30 HST2 unitsTractor with Groomer - Prep Friday 80.70 HSTper eventTractor with Groomer - Prep Saturday 40.40 HSTper eventTractor with Groomer - Prep Sunday 40.40 HSTper eventTractor with Groomer - Repair Monday 79.05 HSTper eventAdministrative Fees 106.10 HSTper eventSite clean up - 1 or 2 day event 172.70 HST3 staffBall Diamond - Keys 12.15 HST Ball Diamonds - Lights left on/equipment not stored properly 52.00 HSTper occurrenceDamage Deposit 530.60 ExemptDen - Fri or Sat 184.70 HSTper dayDen - Sun - Thursday 134.75 HSTper dayDen - Hourly 32.30 HSTEntire TCC Building - 1 arena 9am-4pm 2,154.25 HSTEntire TCC Building - 2 arenas 9am-4pm 2,706.05 HSTGibson House 71.70 HSTper dayGibson House - Hourly 28.05 HSTper hour8Page 200 of 295 TCCPrograms 2020 Fee Tax UnitKinsmen Canteen 27.55 HST per dayLobby Area 33.15 HSTMarwood B or C 71.70 HSTper dayMarwood BC 140.05 HSTper dayMarwood B or C - Hourly 27.05 HSTMarwood BC - Hourly 32.35 HSTMemorial Pavilion (full) or Kinsmen Bandshell 93.55 HST per dayMemorial Pavilion (half) or Kinsmen Bandshell 58.35 HST per dayMemorial Park for Major Concert (includes bandshell & pavilion) 663.00 HST per event up to 4 daysNewman Park Gazebo 56.80 HST per dayParking Lot 113.55 HST per dayRotary Room 71.70 HSTRotary Room - Hourly 27.55 HSTRowing Club per month 100.45 HSTSchool Lessons 3.90 Exempt per personSwim to Survive Rentals 93.10 Exempt per hourSwim Meet 319.45 HST per daySwim Meet Evening 156.70 HST per dayStorage Pool Deck 28.05 HST per monthSwim Lane 15.90 HST per hourStorage Rooms 112.50 HST per contractStorage Office A 27.55 HST per monthStorage Office B 16.65 HST per monthStorage Office C 5.70 HST per monthPool - 0-50 swimmers 90.90 HST per hourPool - 101+swimmers 231.65 HST per hourPool - 51-100 swimmers 123.40 HST per hourTicket Ice - 10 ePunch 7.55 HSTeachWaterPark - 0-100 swimmers 324.80 HSThourWaterPark- 0-100 swimmers - extra hour 216.40 HST add. Hr.Waterpark 101-300 swimmers 441.70 HSThourWaterpark 101-300 swimmers - extra hour 324.80 HST add. Hr.Waterpark 300+ swimmers 595.40 HSThourWaterpark 300+ swimmers - extra hour 470.80 HST add. Hr.Waterpark Board of Ed 100 swimmers 288.00 HSThourWaterpark Board of Ed 100 swimmers add. Hr. 160.00 HST add. Hr.Waterpark Board of Ed 100+ swimmers 512.10 HSThourWaterpark Board of Ed 100+ swimmers add. Hr. 256.10 HST add. Hr.Community Centre - Leagues and MembershipsAdult League - Individual 60.49 HSTeachAdult League - Team 390.56 HST per teamCourt Membership - Adult 54.06 HST SeasonalCourt Membership - Youth 19.48 HST Seasonal9Page 201 of 295 TCCPrograms 2020 Fee Tax UnitDisc Golf - Deposit 21.22 HSTDisc Golf - Set 35.09 HSTeachDisc Golf - Single 13.36 HSTeachTennis Lessons - 1 hour 86.50 HST 8 lessonsTennis Lessons - 1/2 hour 37.95 HST 8 lessonsTennis Advanced Lessons - 1 hour 90.20 HST 8 lessonsMembership - Aqua Fit/Aqua Jogging - 12 mo 319.36 HST 12 monthMembership - Fitness or Yoga- 10 Pass 52.00 HST 10 visitsMembership - Fitness or Yoga - 20 Pass 82.30 HST 20 visitsMembership - Parent Pass 36.60 HST 6 weeksMembership - Personal Training - 5 114.65 HST 5 sessions 1 hrMembership - Pool - 12 month 202.65 HSTeachMembership - Pool - 6 month 142.20 HSTeachMembership - Pool 20 Pass 67.40 HSTeachMembership - Weight Training 57.80 HST up to 6 hoursMembership - HC Adult - 01 month 74.80 HST 1 monthMembership - HC Adult - 03 month 196.35 HST 3 monthMembership - HC Adult - 06 month 286.50 HST 6 monthMembership - HC Adult - 12 month 439.30 HST 12 monthMembership - HC Adult - 5 pass 43.55 HST 5 visitsMembership - HC Adult - 20 Pass 174.00 HST 20 VisitsMembership - HC Family - 01 month 168.70 HST 1 monthMembership - HC Family - 03 month 421.25 HST3 month Membership - HC Family - 06 month 628.20 HST 6 monthMembership - HC Family - 12 month 880.80 HST 12 monthMembership - HC Student/Senior - 01 month 60.50 HST 1 monthMembership - HC Student/Senior - 03 month 166.55 HST 3 monthMembership - HC Student/Senior - 06 month 205.95 HST 6 monthMembership - HC Student/Senior - 12 month 324.70 HST 12 monthMembership - Student - 5 Passes 25.00 HST 5 visitsMembership- Student - 20 Passes 81.20 HSTMembership - HC Glendale Student 99.75 HST 5 MonthMembership - Special - Adult 286.50 HST 12 monthMembership - Special - Student/Senior 212.25 HST 12 monthMembership - Special - Under 14 59.30 HST 12 monthMembership - Replacement Card 5.30 HSTeachMembership - Squash Adult - 01 month 72.75 HST 1 monthMembership - Squash Adult - 03 month 190.00 HST 1 monthMembership - Squash Adult - 06 month 279.20 HST 1 monthMembership - Squash Adult - 20 pass 90.20 HST 1 monthMembership - Squash Family - 01 month 163.40 HST 1 monthMembership - Squash Family - 03 month 407.50 HST 1 monthMembership - Squash Family - 06 month 612.30 HST 1 month10Page 202 of 295 TCCPrograms 2020 Fee Tax UnitMembership - Squash Student - 01 month 59.25 HST 1 monthMembership - Squash Student - 03 month 166.60 HST 1 monthMembership - Squash Student - 06 month 205.95 HST 1 monthPay as you go - AdmissionAquatfit/Fitness/Yoga Class 8.00 HST includedeachBoard of Education - Squash/HC 2.75 HST includedBoard of Education - Arena/Pool 3.00 HST includedCourt Fee 5.10 HST includedDrop In Swimming Lessons 8.65 HST included per lessonDrop In Swimming Lessons - ea. Additional child 5.35 HST included per lessonHealth Club Adult 10.50 HST includedeachHealth Club - Youth 4.75 HST includedeachSquash 10.75 HST included per court (1 hr)Roller Skate - Admission No skate rental 2.00 HST includedRoller Skate - Admission With skate rental 5.00 HST includedSwim Child 2.00 HST includedeachSwim Family 9.00 HST includedeachSwim - Over 14 4.25 HST includedeachSkate Child 2.00 HST includedeachSkate Family 9.00 HST includedeachSkate - Over 14 4.25 HST includedeachWallyball 11.70 HST included per court (1 hr)Waterpark 2-5 yrs - HST includedeachWaterpark 60 years & over - No Waterslide 4.50 HST includedeachWaterprak 60 years & Over Half Price - No Waterslide 2.25 HST includedeachWaterpark 6-14 yrs - No Waterslide 4.00 HST includedeachWaterpark 6-14 yrs Half Price - No Waterslide 2.00 HST includedeachWaterpark Additional Family Member 2.00 HST includedeachWaterpark Adult - No Waterslide 6.75 HST includedeachWaterpark Adult Half Price - No Waterslide 3.40 HST includedeachWaterpark Family - No Waterslide 24.50 HST included per family of 5Waterpark Family Half Price - No Waterslide 12.25 HST included per family of 5Waterpark Grandparents Day - HST includedWaterpark Tillsonburg Resident Pass (6 +) - No Waterslide 30.00 HST per personWaterpark Non-resident Pass (Youth & Srs 60+) - No Waterslide 42.00 HST per personWaterpark Non-resident Pass (Adult under 60) - No Waterslide 62.00 HST per personWaterpark 60 years & over 5.50 HST includedeachWaterprak 60 years & Over Half Price 2.75 HST includedeachWaterpark 6-14 yrs 5.00 HST includedeachWaterpark 6-14 yrs Half Price 2.50 HST includedeachWaterpark Additional Family Member 2.00 HST includedeach11Page 203 of 295 TCCPrograms 2020 Fee Tax UnitWaterpark Adult 7.75 HST includedeachWaterpark Adult Half Price 3.90 HST includedeachWaterpark Family 25.50 HST included per family of 5Waterpark Family Half Price 12.75 HST included per family of 5Waterpark Tillsonburg Resident Pass (6 +) 35.00 HST per personWaterpark Non-resident Pass (Youth & Srs 60+) 47.00 HST per personWaterpark Non-resident Pass (Adult under 60) 67.00 HST per personCommunity Centre - Other feesAdmin - Refund Admin Fee 15.60 Exempt eachAdmin - Reprint receipt 5.20 Exempt eachAdmin - Consolidated Receipts (Child Tax Credit) 10.40 HSTAdmin - Copies - Single sided 0.30 HSTAdmin - Copies - Double sided 0.35 HSTUFS - Aquatics Facility User Fee Surcharge 1.00 HSTAudio/Visual - Cordless Microphones 22.30 HSTAudio/Visual - TV/DVD Sound System 22.30 HSTCamping - Non Serviced per site 32.50 HSTCamping - Serviced per site 54.10 HSTRentals - 8' wooden tables 5.60 HSTRentals - Black plastic chairs 2.10 HSTeachDelivery of Table & Chairs( per round trip) 27.00 HSTRentals - Black curtains/hardware rental per foot2.7HSTADVERTISING10% - 30% Reductions may apply to multiple advertising Advertising - Memorial Arena Board Back Lit 1,103.64 HSTeachAdvertising - Community Arena Backlit 551.82 HSTeachAdvertising - Memorial Arena Board 716.35 HSTeachAdvertising - Community Arena Board 440.44 HSTeachAdvertising - Ice Re-Surfacer - Side 551.82 HSTeachAdvertising - Ice Re-Surfacer - Top 1,103.64 HSTeachAdvertising - Ice Re-Surfacer - 3 sides 2,440.76 HSTeachAdvertising - Skate Aid 10.20 HSTper monthAdvertising - Inside Front/Back Page Glossy 1,618.33 HSTeachAdvertising - Back Page Glossy 2,164.85 HSTeachAdvertising - Brochure 1/8 page 110.36 HSTeachAdvertising - Brochure 1/4 page 193.09 HSTeachAdvertising - Brochure 1/2 page 329.97 HSTeachAdvertising - Brochure 1/2 page Inside/Back Page Glossy 649.43 HSTeachAdvertising - Brochure Full page 660.04 HSTeachAdvertising - Brochure Full page (internal corporate) 216.55 HSTeachAdvertising - Miscellaneous 110.36 HSTeachAdvertising - Digital Ad Set up 21.52 HSTeachAdvertising - Digital Ad - Monthly(min. 3 mos term) 54.06 HSTeachAdvertising - Digital Ad - Tournament/Special Events 54.06 HSTeachAdvertising - Fence - Per Season 120.97 HSTper seasonA 2nd advertisement gets 10% off both, a 3rd ad gets 20% off all 3 and a 4th 12Page 204 of 295 TCCPrograms 2020 Fee Tax UnitAdvertising - Fence - Per Year 242.05 HSTannuallyAdvertising - Infocaster Set Up 50.00 HSTeachAdvertising - Infocaster - Small Ad 25.00 HSTper monthAdvertising - Infocaster - Large Ad 50.00 HSTper monthAdvertising - Infocaster - Tournament/Special Event 50.00 HSTeachSpecial Events Tickets 20.00 HSTeachSpecial Events Tickets25.00 HSTeachSpecial Events Tickets30.00 HSTeachSpecial Events Tickets 35.00 HSTeachSpecial Events Tickets40.00 HSTeachSpecial Events Tickets45.00 HSTeachSpecial Events Tickets 50.00 HSTeachSpecial Events Tickets55.00 HSTeachSpecial Events Tickets60.00 HSTeachSpecial Events Tickets 65.00 HSTeachSpecial Events Tickets70.00 HSTeachSpecial Events Tickets75.00 HSTeachSpecial Events Tickets 80.00 HSTeachSpecial Events Tickets85.00 HSTeachSpecial Events Tickets90.00 HSTeachSpecial Events Tickets 95.00 HSTeachSpecial Events Tickets100.00 HSTeachSpecial Events Tickets105.00 HSTeachSpecial Events Tickets 110.00 HSTeachSpecial Events Tickets115.00 HSTeachSpecial Events Tickets120.00 HSTeachSpecial Events Tickets 125.00 HSTeach13Page 205 of 295 FireItem 2019 Fee Proposed 2020 Fee % Change Tax UnitFireFee for response to a nuisance fire alarm - first incident in 12 month period 224.00 228.48 2% Exempt per alarmFee for each fire apparatus dispatched to a specific address in response to a nuisance false alarm AFTER the first incident in 12 month period $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourResponse to false alarms in building required by the Ontario Building Code where work is being done on the system and the owner or his agent fails to notify the Fire Department $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourFee for each fire apparatus dispatched to the scene of a motor vehicle accident and providing fire protection or other emergency services. $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to the scene of a motor vehicle fire and providing fire protection or other emergency services. $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to the scene of a motor vehicle accident or at the scene of a motor vehicle fire and providing fire protection or other emergency services on a provincial highway. $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to Natural Gas Leak $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus dispatched to a Hazardous Materials Incident. $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hour + materialsFee for each fire apparatus assigned to a fire watch authorized by Fire Chief $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourFee for each fire apparatus dispatched to a burn complaint where the by-law is contraviened and/or fire department is required to extinguish an open air burn. $477.00/hr + $238.50 each half hr thereafter $477.00/hr + $238.50 each half hr thereafter (based on MTO set rate)Exemptper hour or half hourAdditional Fire department expense incurred during an emergency required to mitigate the emergency Actual Cost Actual Cost ExemptMTO - ARIS fee 14.00 28.00 (based on MTO set rate)eachFire Incident Report 110.50 112.71 2%HSTeachFire Investigation report 225.00 230.00 2%HSTeachFee to conduct a file search for outstanding orders/ inspection reports and respond by letter 87.50 89.25 2% HST each requestFee to conduct a requested inspection of a commercial, industrial, or institutional building less than 930m2 (10,000 sq.ft.) 222.50 227.00 2% HST eachEach additional 185m2 (2000 sq.ft.) in a commercial, industrial or institutional building 33.50 34.20 2% HST each14Page 206 of 295 FireItem 2019 Fee Proposed 2020 Fee % Change Tax UnitFee to conduct a requested inspection of a residential building up to and including 4 suites or apartments 215.00 220.00 2% HST eachEach additional suite or apartment over base fee 33.25 34.00 2%HSTeachFee to conduct a requested inspection of any licensed occupancy excluding a daycare 169.40 172.78 2% HST eachFee to conduct a requested inspection of a daycare facility 85.00 86.70 2% HST eachFee to conduct verification of fire drill scenario 210.00 215.00 2% HST eachBusiness License Inspection 83.50 85.00 2%ExempteachFee to conduct any requested inspection above that is in compliance with the Fire Code at initial inspection (50.00) (50.00) 0% HST eachFee to conduct each required re-inspection after one verification re-inspection same as original same as original 0% HST eachResidential carbon monoxide alarm or smoke alarm left with a homeowner on loan 86.50 86.50 0%HST, if not returnedper detector not returnedFire department approval as part of a Demolition Permit issued by the Building Department. 109.00 109.00 0% HST eachFee to review an application for a licence to sell Consumer Fireworks (F.1) including a site inspection and review of Fire Safety Plan 182.00 185.00 2% HST eachFee to review an application for a Display Fireworks (F.2) event 140.00 142.80 2% HST eachFee to review an application for a licence to conduct a Pyrotechnics (F.3) display including a site inspection and review of Fire Safety Plan 214.00 218.28 2% HST eachFee to issue open air burn permit 112.00 115.00 3%HSTeachFee to review a fire safety plan excluding any such review required as part of a property inspection for which a fee has been set in this by-law. 65.00 85.00 31% HST eachFee to review and/or approve a Level 1 Risk Management Plan as part of an application to the TSSA for a licence to store propane. 325.00 325.00 0% HST eachFee to review and/or approve a Level 2 Risk Management Plan as part of an application to the TSSA for a licence to store propane$780 $780 0% HST eachFee for facilitating fire safety training 111.60 111.60 0%HSTper hourFee to facilitate fire extinguisher training (theory only) 107.00 107.00 0%HSTFee to facilitate live fire training 205.00 205.00 0%HSTeachFees to facilitate public education presentations, station tours, and lectures for non-resident organizations and individuals 55.00 55.00 0% HST per hourFee to recharge self-contained breathing air cyclinders 32.00 32.00 0% HST per cylinderFee to recharge self-contained breathing air cylinders, under a special agreement with SWOX and Bayham Fire Depts 1,300.00 1,300.00 0% HST per yearFee to clean set of bunker gear 2.75 2.75 0%HSTeachRental of Training Room (excluding emergency services) 220.00 220.00 0% HST per day15Page 207 of 295 MuseumItem 2019 Fee Proposed 2020 Fee % Change Tax UnitMuseumMuseum-Admission-Adult 6.00 6.00 0%HSTdailyMuseum-Admission-Annual-Family Rate 45.00 45.00 0%HSTyearlyMuseum-Admission-Annual-Individual 20.00 20.00 0%HSTyearlyMuseum-Admission-Child 2.21 2.21 0%HSTdailyMuseum-Admission-Family Rate 12.00 12.00 0%HSTdailyMuseum-Admission-Group Rate 4.00 4.00 0%HSTdailyMuseum-Admission-Senior 5.00 5.00 0%HSTdailyMuseum-Admission-Student 3.00 3.00 0%HSTdailyMuseum Volunteer-Admission-Free FREE FREE 0%dailyMuseum-Permission Fees-Personal Use 2.50 2.50 0%HSTeachMuseum-Permission Fees-Pubication Use 5.50 5.50 0%HSTeachMuseum-Rentals-Audio Visual Equipment-Corporate FREE FREE 0%eachMuseum-Rentals-Program Room or Grounds & Gardens - 25 - 50 people 50.00 50.00 0%HSTeachMuseum-Rentals-Grounds & Gardens-Corporate 50.00 50.00 0%HSTeachMuseum-Rentals-Kitchen 25.00 25.00 0%HSTeachMuseum-Rentals-Kitchen - Corporate 35.00 35.00 0%HSTeachMuseum-Rentals-Program Room 50.00 50.00 0%HSThalf dayMuseum-Rentals-Program Room 75.00 75.00 0%HSTfull dayMuseum-Rentals-Program Room-Corporate 75.00 75.00 0%HSThalf dayMuseum-Rentals-Program Room-Corporate 100.00 100.00 0%HSTfull dayMuseum-Rentals-Tour Surcharge-Groups 100-150 100.00 100.00 0%HSTeachMuseum-Rentals-Tour Surcharge-Groups 25-50 60.00 60.00 0%HSTeachMuseum-Rentals-Tour Surcharge-Groups 51-100 75.00 75.00 0%HSTeachMuseum-Seasonal Childrens Programs 20.00 20.00 0%ExempteachMuseum-Seasonal Childrens Programs- 2nd Child 18.00 18.00 0%ExempteachMuseum- School Program- per student (1 hour) 2.50 2.50 0%ExempteachMuseum - School Program - per student (2 hours) 3.50 3.50 0%ExempteachMuseum- Special Event - Adult program 5.00 5.00 0%HSTeachMuseum - Special Event- Adult program 7.00 7.00 0%HSTeachMuseum - Special Event - Adult program 10.00 10.00 0%HSTeachMuseum - Special Event - Adult program 12.00 12.00 0%HSTeachMuseum-Slide Show Presentations-Off Site 40.00 40.00 0%HSTeachMuseum-Slide Show Presentations-On Site 30.00 30.00 0%HSTeachMuseum-Admission - Pratt Gallery only 2.50 2.50 0%HSTeachMuseum- Special Event- Lunch & Learn Series Pass 80.00 80.00 0%HSTMuseum- Special Event - Lunch & Learn- Single Pass 25.00 25.00 0%HSTMuseum - Special Event - Women's Day Luncheon 30.00 30.00 0%HSTMuseum- Special Event Tea 15.00 15.00 0%HSTMuseum - Special Event - Dinner 55.00 55.00 0%HSTper eventMuseum - Special Event - Performance 40.00 40.00 0%HSTWorkshops 35.00 35.00 0%HSTper eventWorkshops 55.00 55.00 0%HSTper event dayWorkshops 75.00 75.00 0%HSTper event dayWorkshops 100.00 100.00 0%HSTper event dayShow Tickets 45.00 45.00 0%HSTflat feeMuseum- Culture Tillsonburg Event Ticket 20.00 20.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 25.00 25.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 30.00 30.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 35.00 35.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 40.00 40.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 45.00 45.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 50.00 50.00 0%HST16Page 208 of 295 MuseumItem 2019 Fee Proposed 2020 Fee % Change Tax UnitMuseum- Culture Tillsonburg Event Ticket 60.00 60.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 65.00 65.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 70.00 70.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 75.00 75.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 80.00 80.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 85.00 85.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 90.00 90.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 95.00 95.00 0%HSTMuseum- Culture Tillsonburg Event Ticket 100.00 100.00 0%HSTMuseum- Special Event - Tea (Tier 1) 7.00 7.00 NEWHSTMuseum-Special Event - Tea (Tier 2) 12.00 12.00 NEWHSTMuseum- Special Event - Tea (Tier 3) 20.00 20.00 NEWHSTMuseum- Special Event - Tea (Tier 4) 25.00 25.00 NEWHSTMuseum- Special Event - Tea (Tier 5) 30.00 30.00 NEWHSTWorkshop (Tier 1) 15.00 15.00 NEWHSTWorkshop (Tier 2) 20.00 20.00 NEWHSTWorkshop (Tier 3) 25.00 25.00 NEWHSTWorkshop (Tier 4) 30.00 30.00 NEWHSTWorkshop (Tier 5) 40.00 40.00 NEWHSTWorkshop (Tier 6) 45.00 45.00 NEWHSTWorkshop (Tier 7) 50.00 50.00 NEWHSTWorkshop (Tier 8) 60.00 60.00 NEWHSTWorkshop (Tier 9) 65.00 65.00 NEWHSTWorkshop (Tier 10) 70.00 70.00 NEWHSTWorkshop (Tier 11) 80.00 80.00 NEWHSTWorkshop (Tier 12) 85.00 85.00 NEWHSTWorkshop (Tier 13) 90.00 90.00 NEWHSTWorkshop (Tier 14) 95.00 95.00 NEWHSTBus Trip (Tier 1) 45.00 45.00 NEWHSTBus Trip (Tier 2) 50.00 50.00 NEWHSTBus Trip (Tier 3) 55.00 55.00 NEWHSTBus Trip (Tier 4) 60.00 60.00 NEWHSTBus Trip (Tier 5) 65.00 65.00 NEWHSTBus Trip (Tier 6) 70.00 70.00 NEWHSTBus Trip (Tier 7) 75.00 75.00 NEWHSTBus Trip (Tier 8) 80.00 80.00 NEWHSTBus Trip (Tier 9) 85.00 85.00 NEWHSTBus Trip (Tier 10) 90.00 90.00 NEWHSTBus Trip (Tier 11) 95.00 95.00 NEWHSTBus Trip (Tier 12) 100.00 100.00 NEWHSTBus Trip (Tier 13) 110.00 110.00 NEWHSTBus Trip (Tier 14) 115.00 115.00 NEWHSTBus Trip (Tier 15) 120.00 120.00 NEWHSTBus Trip (Tier 16) 125.00 125.00 NEWHSTBus Trip (Tier 17) 130.00 130.00 NEWHSTBus Trip (Tier 18) 135.00 135.00 NEWHST17Page 209 of 295 Cemetery-ParksItem2019 Fee2019 Perpetual Care Fee 2019 Net Fee Proposed2020 FeeProposed 2020 Perpetual Care Fee Proposed2020 Net Fee % Change Tax UnitInterment RightsGrave 10 x 4 700.00 280.00 420.00 700.00 280.00 420.00 0%HSTgraveInfant Grave 3X3 225.00 150.00 75.00 225.00 150.00 75.00 0%HSTgraveCremation Grave 3x3 550.00 220.00 330.00 550.00 220.00 330.00 0%HSTgraveColumbarium Niche 1,900.00 285.00 1,615.00 1,900.00 285.00 1,615.00 0%HSTnicheColumbarium Niche 1,500.00 225.00 1,275.00 1,500.00 225.00 1,275.00 0%HSTnicheColumbarium Niche 2,100.00 315.00 1,785.00 NewHSTnicheCemetery ServicesCemeteries Regulation Unit burial and cremation license 12.00 12.00 12.00 12.00 0%ExemptintermentColumbarium Niche Open/Close 200.00 200.00 200.00 200.00 0%HSTeachAdult Interment 835.00 835.00 835.00 835.00 0%HSTeachLead in fee, per 1/2 hour minimum 30.00 30.00 30.00 30.00 0%HSTper 1/2 hourChild/ Infant Interment 300.00 300.00 300.00 300.00 0%HSTeachCremated Remains Interment Infant 200.00 200.00 200.00 200.00 0%HSTeachCremated Remains Interment Adult 350.00 350.00 350.00 350.00 0%HSTeachStatutory Holidays - Funeral FeeHST eachDisinterment/Exhumation- Relocation in Same Cemetery-Adult Casket 2,087.50 2,087.50 2,087.50 2,087.50 0%HSTeachDisinterment/Exhumation- Relocation in Same Cemetery-Adult Casket in Vault 1,878.75 1,878.75 1,878.75 1,878.75 ? HST eachDisinterment/Exhumation- Relocation in Another Cemetery-Adult Casket 1,565.63 1,565.63 1,565.63 1,565.63 0%HSTeachDisinterment/Exhumation- Relocation in Another Cemetery-Adult Casket in Vault 1,409.06 1,409.06 1,409.06 1,409.06 0% HST eachDisinterment/Exhumation-Child Casket 750.00 750.00 750.00 750.00 0%HSTeachDisinterment/Exhumation-Adult Cremains (Ground) 475.00 475.00 475.00 475.00 0%HSTeachDisinterment/Exhumation-Child/Infant Cremains (Ground) 300.00 300.00 300.00 300.00 0%HSTeachMarker/Foundation ServicesUpright Monument Foundation (5' depth) 22.50 22.50 22.50 22.50 0%HSTper cubic footVeteran Standing Monument Setting 200.00 200.00 200.00 200.00 0%HSTeachUpright Monument (small) with Floater/Slab Foundation 170.00 170.00 170.00 170.00 0%HSTeachFlat Marker with Granite Border & no concrete 40.00 40.00 40.00 40.00 0%HSTeachFlat Marker with 4" concrete border 100.00 100.00 100.00 100.00 0%HSTeachUpright Monument (small) Foundation 170.00 170.00 170.00 170.00 0%HSTeachMonument Care & MaintenanceFlat Markers 50.00 50.00 50.00 50.00 0%HSTeachUpright Markers Up to 48" 100.00 100.00 100.00 100.00 0%HSTeachUpright Markers Over 48" 200.00 200.00 200.00 200.00 0%HSTeachOther Fees & ServicesTransfer Fee/Replacement - Interment Rights Certificate 45.00 45.00 45.00 45.00 0%HSTeachFlower Campaign 100.00 100.00 100.00 100.00 0%HSTPer basketWreath Campaign 60.00 60.00 60.00 60.00 0%HSTPer wreathMemorial Benches2,000.00 200.00 1,800.00 2,000.00 200.00 1,800.00 0%HSTeachMemorial Tree650.00 65.00 585.00 650.00 65.00 585.00 0% HSTeach 50% surcharge on applicable interment fee 50% surcharge on applicable interment fee Perpetual care fees regulated by the Province18Page 210 of 295 Public WorksItem 2019 Fee Proposed 2020 Fee % Change Tax UnitAirportAirport - Aircraft Parking Fees - Daily 6.00 10.00 67%HSTper dayAirport - Aircraft Parking Fees - Monthly 42.00 60.00 43%HSTper monthAirport - Aircraft Parking Fees - Yearly 600.00 NEWHSTper yearAirport - Basement Boardroom rental (15'x29') half day 45.00 45.00 0%HSTper half dayAirport - Basement Boardroom rental (15'x29') full day 80.00 80.00 0%HSTper full dayAirport - Basement Rental per hour 15.00 15.00 0%HSTper hourAirport - Boardroom Long term rental 275.00 285.00 4%HSTper weekAirport - Hangar Land Lease Fee Annually per SF 0.29 0.30 3%HSTper SFAirport - Infrastructure fee < 5,000 SF hangar 525.00 550.00 5%HSTupon signingAirport - Infrastructure fee > 5,000 SF hangar 1,050.00 1,100.00 5%HSTupon signingAirport - Maintenance fee 105.00 125.00 19%HSTper yearAirport Toque 10.00 11.50 15%HSTper unitAirport Fuel Call Out Fee 25.00 50.00 100%HSTper call outAirport Administration Fee 25.00 35.00 40%HSTper unitAirport Hangar Application Fee 300.00 305.00 2%HSTper applicationAirport Hangar Transfer Fee 150.00 155.00 3%HSTper applicationAirport Development Permit Fee 600.00 610.00 2%HSTper applicationAirport Corporate Parking Fee (waived with fuel purchase) 25.00 NEWHSTup to 4 hrsAirport Corporate Parking Fee (waived with fuel purchase) 50.00 NEWHSTper dayAirport Corporate Landing Fee (waived with fuel purchase) 40.00 NEWHSTper landingRoadsPublic Works Administration Fee 50.00 50.00 NEWHSTflat rateRoads-Labour 38.25 39.10 2%HSTper hourRoads-Labour Overtime 53.25 54.35 2%HSTper hourRoads-Labour Double Time 68.25 69.75 2%HSTper hour1/2 Ton Pickup Truck 15.00 15.00 0%HSTper hour1-Ton Truck 30.00 32.50 8%HSTper hourSingle Axle Dump Truck 80.00 80.00 0%HSTper hour With Plow & Wing 12.50 12.50 0%HSTper hour With Sander/Salter 19.50 19.50 0%HSTper hour With Plow, Wing & Sander/Salter 32.00 32.00 0%HSTper hour With Anti-Icing System 4.50 4.50 0%HSTper hourFront End Loader 70.00 70.00 0%HSTper hour With Plow Blade 7.00 7.00 0%HSTper hour With Snowblower 180.00 180.00 0%HSTper hourBackhoe 50.00 50.00 0%HSTper hourGrader 75.00 75.00 0%HSTper hourStreet Sweeper 70.00 70.00 0%HSTper hour19Page 211 of 295 Public WorksItem 2019 Fee Proposed 2020 Fee % Change Tax UnitSidewalk Machine 45.00 45.00 0%HSTper hour With Plow 6.00 6.00 0%HSTper hour With Sander 5.00 5.00 0%HSTper hour With Snowblower 17.00 18.00 6%HSTper hour With Plow & Sander 11.00 11.00 0%HSTper hour With Snowblower & Sander 22.00 23.00 5%HSTper hour With Angle Broom 8.50 8.50 0%HSTper hour With Flail Mower 10.00 10.00 0%HSTper hour With Cold Planer 35.00 35.00 0%HSTper hourLeaf Vacuum 85.00 90.00 6%HSTper hourLine Striper 12.00 12.00 0%HSTper hourSewer Rodder 90.00 95.00 6%HSTper hourWood Chipper 25.00 25.00 0%HSTper hourZero Radius Mower 25.00 30.00 20%HSTper hourPortable Pump 35.00 35.00 0%HSTper hourWalk Behind Snowblower 2.50 2.50 0%HSTper hourWalk Behind Push Mower 2.50 2.50 0%HSTper hourChainsaw 2.50 2.50 0%HSTper hourTrimmer 2.00 2.00 0%HSTper hourSmall Generator 9.50 9.50 0%HSTper hourUtility Trailer 9.00 9.00 0%HSTper hourConstruction & Demolition Disposal Cost Recovery Fee 25.00 25.00 0%HSTper load20Page 212 of 295 UtilityItem 2019 Fee Proposed2020 Fee % Change Tax UnitUtility - Returned Cheque Fee (plus bank charges) 15.00 15.00 0%HSTeachUtility-Account Set Up / Change of Occupancy Fee 30.00 30.00 0%HSTeachUtility - Late Payment (per annum)19.56%19.56%0%HST%Utility-Collection of Account Charge (no disconnection) 30.00 30.00 0%HSTeachUtility-After Hour Reconnect (at meter) 185.00 185.00 0%HSTeachUtility-During Hours Reconnect (at meter) 65.00 65.00 0%HSTeachUtility-During Hours Reconnect (at mpole) 185.00 185.00 0%HSTeachUtility-During Hours Remove Load Control Device 185.00 185.00 0%HSTeachUtility-Interval Meter 1,100.00 1,100.00 0% HST eachUtility-Special Meter Reading 30.00 30.00 0%HSTeachUtility -Service Call (after hours) 165.00 165.00 0%HSTeachUtility-Access to Utility Poles 43.63 43.63 0%HSTeachUtility-Miscellaneous Materials Mark Up 0.25 0.25 0% HST %Utility-Pole Rental - 30 ft 1.50 1.50 0% HST monthUtility-Pole Rental - 35 ft 2.25 2.25 0% HST monthUtility-Sentinal Light Rental - 150 W 3.75 3.75 0% HST monthUtility-Sentinal Light Rental - 175 W 3.75 3.75 0% HST monthUtility-Sentinal Light Rental - 250 W 4.00 4.00 0% HST monthUtility-Sentinal Light Rental - 400 W 4.00 4.00 0% HST monthUtility-Sentinal Light Rental - 70 W 3.50 3.50 0% HST monthUtility-Labour 45.50 45.50 0%HSThourUtility-Truck Charges - #26 15.00 15.00 0%HSThourUtility-Truck Charges - #30 15.00 15.00 0%HSThourUtility-Truck Charges - #41 20.00 20.00 0%HSThourUtility-Truck Charges - #65 67.50 67.50 0%HSThourUtility-Truck Charges - #66 67.50 67.50 0%HSThourUtility-Truck Charges - #68 75.00 75.00 0%HSThourUtility-Truck Charges - #74 65.00 65.00 0%HSThourUtility-Truck Charges - #22 15.00 15.00 0%HSThourUtility-Truck Charges - #28 15.00 15.00 0%HSThourUtility-Truck Charges - #44 30.00 30.00 0%HSThourUtility-Truck Charges - #45 15.00 15.00 0%HSThourUtility-Sewer Camera Job 55.00 55.00 0%HSThourUtility-Water Heater Rental - 40 gal. 11.00 12.00 9%HSTmonthUtility-Water Heater Rental - 60 gal 12.00 13.00 8%HSTmonth21Page 213 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitBag Tags2.00 2.00 0%incl HSTper tagBlue Box (apartment )3.55 3.50 -1%incl HSTBlue Box (large)5.50 5.50 0%incl HSTBlue Box Lid (large)1.50 1.50 0%incl HSTComposter10.00 10.00 0%incl HSTRain barrels45.00 45.00 0%incl HSTGreen Cones40.00 40.00 0%incl HSTFine - allow or permit an animal to trespass on private property Fine - allow or permit an animal to trespass on private property Fine - allow or permit an animal to trespass on private property Exemptper infractionFine - Fail to ensure that the animal enclosure is kept free of offensive odour Fine - Fail to ensure that the animal enclosure is kept free of offensive odour Fine - Fail to ensure that the animal enclosure is kept free of offensive odour Exemptper infractionFine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Fine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Fine - Fail to ensure that the animal enclosure is kept in a clean and sanitary condition Exemptper infractionFine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Fine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Fine - Fail to ensure that the nature and condition of the animal enclosure are such that the animal would not be harmed and its health would not be negatively affected Exemptper infractionFine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Fine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Fine - Fail to ensure the animal enclosure is such that the animal can be readily observed unless the natural habits of the animal require otherwise Exemptper infractionFine - fail to keep dog license fixed on dog/cat Fine - fail to keep dog license fixed on dog/cat Fine - fail to keep dog license fixed on dog/cat Exemptper infractionFine - fail to notify license issuer upon sale of puppy/kitten Fine - fail to notify license issuer upon sale of puppy/kitten Fine - fail to notify license issuer upon sale of puppy/kitten Exemptper infraction22Page 214 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitFine - Fail to obtain dog/cat license Fine - Fail to obtain dog/cat license Fine - Fail to obtain dog/cat license Exemptper infractionFine - fail to prevent an animal from running at large Fine - fail to prevent an animal from running at large Fine - fail to prevent an animal from running at large Exemptper infractionFine - Fail to provide animal with basic necessities Fine - Fail to provide animal with basic necessities Fine - Fail to provide animal with basic necessities Exemptper infractionFine - fail to remove or dispose of animal excrement forthwith Fine - fail to remove or dispose of animal excrement forthwith Fine - fail to remove or dispose of animal excrement forthwith Exemptper infractionFine - fail to renew dog/cat license Fine - fail to renew dog/cat license Fine - fail to renew dog/cat license Exemptper infractionFine - failing to muzzle potentially dangerous dog or dangerous dog Fine - failing to muzzle potentially dangerous dog or dangerous dog Fine - failing to muzzle potentially dangerous dog or dangerous dog Exemptper infractionFine - Failing to restrain dog from causing noise Fine - Failing to restrain dog from causing noise Fine - Failing to restrain dog from causing noise Exemptper infractionFine - failing to restrain potentially dangerous dog or dangerous dog Fine - failing to restrain potentially dangerous dog or dangerous dog Fine - failing to restrain potentially dangerous dog or dangerous dog Exemptper infractionFine - Failure to comply with conditions of muzzle order Fine - Failure to comply with conditions of muzzle order Fine - Failure to comply with conditions of muzzle order Exemptper infractionFine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Fine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Fine - Failure to ensure that the animal enclosure for every reptile/fish/amphibian has an enclosed space adaquate for the needs of the species Exemptper infractionFine - Failure to ensure that the animal enclosure is escape-proof Fine - Failure to ensure that the animal enclosure is escape-proof Fine - Failure to ensure that the animal enclosure is escape-proof Exemptper infraction23Page 215 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitFine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Fine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Fine - Failure to ensure that the animal enclosure is of a size/incondition such that the animal may extend its lefs, wings and body to their full extent, stand sit and perch Exemptper infractionFine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Fine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Fine - failure to notify change of ownership of potentially dangerous dog or dangerous dog Exemptper infractionFine - failure to post sign Fine - failure to post sign Fine - failure to post sign Exemptper infractionFine - Failure to store feed in a rodent-proof container Fine - Failure to store feed in a rodent-proof container Fine - Failure to store feed in a rodent-proof container Exemptper infractionFine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Fine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Fine - forcibly trying to retrieve dog or cat from pound keeper or premises of pound keeper Exemptper infractionFine - Harbouring more than three dogs Fine - Harbouring more than three dogs Fine - Harbouring more than three dogs Exemptper infractionFine - Harbouring more than two cats Fine - Harbouring more than two cats Fine - Harbouring more than two cats Exemptper infractionFine - have dog on leash exceeding two metres Fine - have dog on leash exceeding two metres Fine - have dog on leash exceeding two metres Exemptper infractionFine - Keep animal in unsanitary conditions Fine - Keep animal in unsanitary conditions Fine - Keep animal in unsanitary conditions Exemptper infractionFine - Keeping more than ten pidgeons Fine - Keeping more than ten pidgeons Fine - Keeping more than ten pidgeons Exemptper infractionFine - Keeping prohibited animals Fine - Keeping prohibited animals Fine - Keeping prohibited animals Exemptper infraction24Page 216 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitFine - keeping prohibited animals - agricultural lands Fine - keeping prohibited animals - agricultural lands Fine - keeping prohibited animals - agricultural lands Exemptper infractionFine - Offering for sale, selling, making available Fine - Offering for sale, selling, making available Fine - Offering for sale, selling, making available Exemptper infractionFine - operate a kennel without a license Fine - operate a kennel without a license Fine - operate a kennel without a license Exemptper infractionFine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Fine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Fine - restraining potentially dangerous dog or dangerous dog exceeding two feet in length Exemptper infractionFine - retrieve a dog and or cat from pound keeper without paying fees Fine - retrieve a dog and or cat from pound keeper without paying fees Fine - retrieve a dog and or cat from pound keeper without paying fees Exemptper infractionFine - unlawfully transferred dog/cat tag Fine - unlawfully transferred dog/cat tag Fine - unlawfully transferred dog/cat tag Exemptper infractionAGCO Required LicencesSpecial Sales License $1 per thousand $1 per thousand 0%Exempteach50/50 Raffle 3% with min. of $25 3% with min. of $25 0%Exempt each Bazaar $10 per wheel, 3 wheels max $10 per wheel, 3 wheels max 0%Exempt each Bazaar/Bingo 2 percent 2 percent 0%Exempteach Bazaar/Raffle 3% up to $5000 3% up to $5000 0%Exempteach Bingo Only 2% up to $5500 2% up to $5500 0%Exempteach Nevada @ other location 3% x # of units X total prize/unit 3% x # of units X total prize/unit 0%Exempt each Nevada @ own location 2% x # of units X total prize/unit 2% x # of units X total prize/unit 0%ExempteachPoliceCriminal Record, Police Record & Vulnerable Sector Check (Employment 25.00 25.00 0%ExempteachDuplicate Copy of Criminal and Police Record Check 5.00 5.00 0%incl HSTeachCriminal Record, Police Record & Vulnerable Sector Check (Volunteer) FREE FREE 0%ExempteachFingerprints (OPP charge) 26.50 26.50 0%incl HSTeachFingerprints (LIVESCAN - on behalf of RCMP) 25.00 25.00 0%incl HSTeachOccurrence Confirmation Reports/Incident Reports 42.25 42.25 0%incl HSTeachStatements 42.25 42.25 0%incl HSTeachTechnical Traffic Collision Reports 565.00 565.00 0%incl HSTeachReconstructionist Report 1,130.00 1,130.00 0%incl HSTeachPAID DUTY RELATED FEESPayable to Minister of Finance (Provincial in Nature) Administrative Fee (note 1) 68.50 68.50 0%incl HST25Page 217 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitHourly Vehicle Usage Fee (note 1) 28.25 28.25 0%incl HST2014 Hourly Officer Rate - PDO (note 1) 73.60 73.60 0%incl HST2014 Hourly Supervisor Rate - PDS (note 1) 83.17 83.17 0%incl HSTOwner dumping debris on own lands Owner dumping debris on own lands Owner dumping debris on own lands Exempt per infractionOwner failing to tag garbage Owner failing to tag garbage Owner failing to tag garbage Exempt per infractionParking - double parking Parking - double parking Parking - double parking Exempt per infractionParking - for longer period than provided Parking - for longer period than provided Parking - for longer period than provided Exempt per infractionParking - in loading zone Parking - in loading zone Parking - in loading zone Exempt per infractionParking - near fire hydrant Parking - near fire hydrant Parking - near fire hydrant Exempt per infractionParking - no parking (2am-7am) Parking - no parking (2am-7am) Parking - no parking (2am-7am) Exempt per infractionParking - Obstructing Traffic Parking - Obstructing Traffic Parking - Obstructing Traffic Exempt per infractionParking - parking in handicapped parking space without permit Parking - parking in handicapped parking space without permit Parking - parking in handicapped parking space without permit Exempt per infractionParking - Parking/standing in fire route Parking - Parking/standing in fire route Parking - Parking/standing in fire route Exempt per infractionParking - prohibited area Parking - prohibited area Parking - prohibited area Exempt per infractionParking - too close to corner Parking - too close to corner Parking - too close to corner Exempt per infractionParking - too close to curb Parking - too close to curb Parking - too close to curb Exempt per infractionParking - Wrong side of road Parking - Wrong side of road Parking - Wrong side of road Exempt per infractionPerson assisting dumping debris on private lands Person assisting dumping debris on private lands Person assisting dumping debris on private lands Exempt per infractionPerson dumping debris on private/public lands Person dumping debris on private/public lands Person dumping debris on private/public lands Exempt per infractionPerson fail to immediate remove debris Person fail to immediate remove debris Person fail to immediate remove debris Exempt per infractionOwner - fail to tag garbageexemptSchedule V Part VI (ETA)- Exempt26Page 218 of 295 Non-Controlled Town FeesItem 2019 Fee Proposed 2020 Fee % ChangeTaxUnitFail to enclose swimming pool during construction 350.00 350.00 0%noneper infractionFail to properly enclose swimming pool with temporary enclosure 350.00 350.00 0%noneper infractionPermit construction of swimming pool not completely enclosed with swimming pool enclosure 350.00 350.00 0% none per infractionFail to equip hydro massage pool with secure cover 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with self-closing device 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with self-latching device 350.00 350.00 0%noneper infractionFail to equip swimming pool gate with operable lock 350.00 350.00 0%noneper infractionFail to maintain swimming pool fence to a safe condition and good repair 350.00 350.00 0%noneper infractionConstruct or permit swimming pool enclosure not in compliance with height requirement 350.00 350.00 0% none per infractionDid erect or alter a sign in the Town of Tillsonburg before obtaining a permit from the Chief Building Official 200.00 200.00 0% none per infractionDid erect or permit community bulletin sign on town property, without town approval 200.00 200.00 0% none per infractionDid erect a temporary community sign, without town approval 200.00 200.00 0%noneper infractionDid erect a mobile sign – closer than 30.0 meters or (98.44 ft) from any other mobile sign 100.00 100.00 0% none per infractionDid erect or display a mobile sign that is not located on the same property as the business which it is advertising. 100.00 100.00 0% none per infractionDid erect a prohibited sign on land owned by the Town 200.00 200.00 0%noneper infractionDid erect a sidewalk sign on a public street and did not position as to provide a minimum of 1.5 meters of unobstructed sidewalk space 100.00 100.00 0% none per infractionDid erect a sign located on a premise which does not specifically identify or advertise a business, service, or occupant of the premises where it is located 100.00 100.00 0% none per infractionDid erect a vehicle/trailer sign on a non-motorized vehicle, where the purpose of the sign meets the definition of a sign under the By-law 100.00 100.00 0% none per infractionOperate a vehicle for hire without a licence. 250.00 250.00 0%noneper infractionOperate vehicle not licenced as a vehicle for hire. 250.00 250.00 0%noneper infractionFailure to display taxicab plate. 250.00 250.00 0%noneper infractionFailure to submit vehicle for inspection. 250.00 250.00 0%noneper infractionFailure to produce licence upon demand. 250.00 250.00 0%noneper infractionPermit smoking in taxicab. 250.00 250.00 0%noneper infractionFailure to display tariff card. 250.00 250.00 0%noneper infractionCharge fare not prescribed in fare schedule. 250.00 250.00 0%noneper infractionFail to accept service animal into taxicab. 400.00 400.00 0%noneper infractionSmoke on town walkway 105.00 105.00 0%noneper infractionSmoke within 9 m of anytown facility entrance or exit 105.00 105.00 0%noneper infractionSmoke within 9 metres of Library Lane entrance 105.00 105.00 0%noneper infractionSmoke within 9 metres of Town Centre Mall 105.00 105.00 0%noneper infraction27Page 219 of 295 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-002 A BY-LAW To Amend Schedule A of By-Law 4247, to Define the Mandate and Membership for Committees Established By The Corporation Of The Town of Tillsonburg. WHERAS it is deemed necessary and expedient to amend Schedule A of By-Law 4247. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Schedule A of By-Law 4247 be amended as attached hereto; 2. THAT these amendments to Schedule A of By-Law 4247 are hereby declared to be part of that By-Law as if written therein. 3. THAT this By-law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 13th day of JANUARY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 13th day of JANUARY, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 220 of 295 By-law 2020-002 Schedule A Board/Committees Citizen Appointments Mandate Accessibility Advisory Committee To advise and make recommendations to Council on all matters with respect to the accessibility for persons with disabilities to a municipal building, structure or premises. Cultural, Heritage and Special Awards Advisory Committee To advise and make recommendations to Council on all matters with respect to tourism and culture in the Town of Tillsonburg. To advise and make recommendations to Council on all matters related to properties of architectural and historical significance. To receive nominations and make recommendations to Council for the Citizen of the Year and monthly awards. To provide commemorative naming options to Council. Economic Development Advisory Committee To advise on initiatives to attract and retain investment within the community. To provide advice on:  The Economic Development Strategy  The Community Strategic Plan  Annual Departmental Business Plan To support the development of alliances and partnerships to advance the Town’s strategic plan and that assists in the overall growth of the Town. To provide advice regarding existing and new bylaws that relate to/impact development within the community. Memorial Park Revitalization Advisory Committee To advise and make recommendations and provide regular updates to Council on all matters with respect to the Memorial Park Revitalization Project. Museum Advisory Committee To make recommendations to Council on policies and procedures pertaining to the Museum. To participate in strategic planning activities, initiate and participate in fundraising activities when and as needed, act as ambassadors for the museum within the community. To work with the Tillsonburg and District Historical Society regarding trust for artifact purchases and to act as trustees for the restoration trust. Page 221 of 295 By-law 2020-002 Schedule A Parks, Beautification and Cemeteries Advisory Committee To advise and make recommendations to Council on all matters with respect to the utilization and beautification of public parks, trails, trees, green space and Tillsonburg cemeteries. Recreation and Sports Advisory Committee To advise and make recommendations to Council on matters related to the programming and utilization of Tillsonburg’s recreational facilities. To advise and make recommendations to Council on implementation of the Community Parks, Recreation and Cultural Strategic Master Plan. Tillsonburg Airport Advisory Committee To advise and make recommendations to Council on matters related to the Tillsonburg Regional Airport. To provide a forum for receiving input and advice from aviation stakeholder groups and the community with respect to the Airport Master Plan and strategic initiatives and to provide a forum for dialogue and communication. Day to day operations of the airport is the responsibility of Town staff. Tillsonburg Dog Park Advisory Committee Marcie Walters- Turcotte The objective of the Tillsonburg Dog Park Advisory Committee (TDPAC) is to oversee and advise Town Council on the governance of the Dave Johnson Memorial Dog Park with representation from all affected groups in the community. Tillsonburg Transit Advisory Committee The objective of the Tillsonburg Transit Advisory Committee (TTAC) is to oversee and advise Town Council on the governance oversite of the Town's service providers contract for transit and specifically the policies and procedure s related to service delivery of transit. The TTAC will provide a forum for input, exchange of ideas and debate on conventional and mobility transit related issues with representation from all affected groups in the community. The committee should use the Mandate to set out a clear plan for the term of the Committee. Create a high level work plan to define the scope and establish the framework and overall approach for transit. Set out goals the committee will work towards accomplishing. Page 222 of 295 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-003 A BY-LAW To Provide for an Interim Tax Levy for the year 2020. WHEREAS section 317 of the Municipal Act, 2001, S.O. 2001, CHAPTER 25, provides that the council of a local municipality, before the adoption of estimates for the year under section 290, may pass a by-law levying amounts on the assessment of property in the local municipality ratable for local municipal purposes; AND WHEREAS the Council of this municipality deems it appropriate to provide for such interim levy on the assessment of property in this municipality; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. The amounts levied shall be as follows: a) The amount levied on a property shall not exceed the prescribed percentage or 50 per cent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year. b) The percentage under paragraph “A” may be different for different property classes but shall be the same for all properties in a property class. c) For the purposes of calculating the total amount of taxes for the year 2019 under paragraph “A”, if any taxes for municipal and school purposes were levied on a property for only part of the year 2019 because assessment was added to the tax roll during 2019, an amount shall be added equal to the additional taxes that would have been levied on the property if the taxes for municipal and school purposes had been levied for the entire year. 2. The provisions of this by-law apply in the event that assessment is first added to the Collector’s roll for the year 2020 and an interim levy shall be imposed at the prescribed percentage or 50 per cent if no percentage is prescribed, of the total tax rates levied for that class in the previous year. 3. All taxes levied under this by-law shall be payable into the hands of the Collector in accordance with the provisions of this by-law. Page 223 of 295 4. There shall be imposed on all taxes a penalty for non-payment or late payment of taxes in default of the installment dates set out below. The penalty shall be one and one-quarter percent (1¼%) of the amount in default on the first day of default and on the first day of each calendar month during which the default continues, but not after the end of 2020. 5. The interim tax levy imposed by this by-law shall be payable in two (2) installments due on the following dates: First Installment: The 20th day of February, 2020 Second Installment: The 21st day of May, 2020 6. The Collector may mail or cause to be mailed to the address of the residence or place of business of each person taxed under this by-law, a notice specifying the amount of taxes payable. 7. The notice to be mailed under this by-law shall contain the particulars provided for in this by-law and the information required to be entered in the Collector’s roll under section 343 of the Municipal Act, 2001. 8. The subsequent levy for the year 2020 to be made under the Municipal Act shall be reduced by the amount to be raised by the levy imposed under this by-law. 9. The provisions of section 317 of the Municipal Act, 2001, apply to this by-law with necessary modifications. 10. The Collector shall be authorized to accept part payment from time to time on account of any taxes due, and to give a receipt of such part payment, provided that acceptance of any such part payment shall not affect the collection of any percentage charge imposed and collectable under section 4 of this by-law in respect of non-payment or late payment of any taxes or any installment of taxes. 11. Nothing in this by-law shall prevent the Collector from proceeding at any time with the collection of any tax, or any part thereof, in accordance with the provisions of the statutes and by-laws governing the collection of taxes. 12. In the event of any conflict between the provisions of this by-law and any other by-law, the provisions of this by-law shall prevail. Page 224 of 295 13. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 13th day of JANUARY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 13th day of JANUARY, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 225 of 295 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-004 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 ‘R2-22’ the zone symbol of the lands so designated ‘‘R2-22’ on Schedule “A” attached hereto. 2. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following subsection at the end thereof: “7.5.22 LOCATION: PART OF LOTS 488 & 489, PLAN 500, NORTH SIDE OF FIRST STREET AND WEST SIDE OF QUEEN STREET, R2-22 (KEY MAP 16) 7.5.22.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-22 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 7.1. 7.5.22.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-22 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.22.2.1 LOT AREA Minimum 303 m2 (3,261.5 ft2) 7.5.22.2.2 LOT DEPTH Minimum 24 m (78.7 ft) 7.5.22.3 That all of the provisions of the R2 Zone in Section 7.2 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.” 3. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. Page 226 of 295 The Corporation of the Town of Tillsonburg By-law Number 2020-004 Page 2 READ a first and second time this 13th day of January, 2020. READ a third time and finally passed this 13th day of January, 2020. Mayor Clerk Page 227 of 295 FIRST ST QUEEN STN11°03'30"W 30.48N78°30'30"E 12.19 12.19 N11°03'30"W 12.19N78°30'30"E 24.38 N11°03'30"W 42.6712.92 N78°30'30"E SE ANGLELOT 488, PLAN 500 L O T 4 8 9 P L A N 5 0 0 L O T 4 8 8 PT LOTS 488 AND 489, PLAN 500TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO R2-22 NOTE: ALL DIMENSIONS IN METRES MAYOR - Stephen Molnar TOWN CLERK - Donna Wilson THIS IS SCHEDULE "A" TO BY-LAW No. 2020-004, PASSED THE 13TH DAY OF JANUARY, 2020 SCHEDULE "A" TO BY-LAW No. 2020-004 3 0 3 6 91.5 METRES Page 228 of 295 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-008 A BY-LAW To Adopt a Reserve Policy and to Repeal By-Law 4107. WHEREAS Section 270(1) of the Municipal Act, 2001 states that a municipality shall adopt and maintain policies with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the Reserve Policy attached hereto as “Schedule A” is hereby adopted and forms part of this by-law; 2. THAT By-Law 4107 passed May 8, 2017, is hereby repealed in its entirety; 3. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 13th day of JANUARY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 13th day of JANUARY, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 229 of 295 5-005 Page 1 of 5 FINANCE Policy 5-005: Reserve Policy Approval Date: January 13, 2020 Approval Authority: Council, By-Law 2020-008 Effective Date: January 13, 2020 Next Scheduled Review Year: Department: Finance Last reviewed: January 13, 2020 Revision Date/s: May 8, 2017 (By-Law 4107) Schedules: Schedule A: List of Reserves Schedule B: List of Obligatory Reserves Schedule C: Trust Fund Policy Policy Statement: A Policy governing the management and administration of reserves and reserve funds. Purpose: The purpose of this policy is to establish consistent principles, standards and guidelines for the maintenance, management and accounting of reserves and reserve funds. The primary purpose for reserves and reserve funds is:  Adherence to statutory requirements;  Promotion of financial stability and flexibility;  Provision for major capital expenditures;  Smooth expenditures which would otherwise cause fluctuation in the operating budget; and  To take advantage of financial opportunities that may arise. Scope: The Municipal Act, 2001, section 290 provides that a municipality’s budget shall set out amounts to be paid into and out of reserves. A municipality may establish reserve funds for any purpose for which it has authority to spend money. Definitions: “Reserves" are a provision or amount that is designated for a future purpose and are established by approval of Council and are not restricted by legislation. They can be related to projects that are of a nature prescribed and managed by approval of Council. Examples include the Airport Reserve or IT Reserve. Reserves receive an annual interest allocation. "Reserve Funds" are restricted by municipal by- laws or agreements and receive an annual interest allocation based on the average annual balance. The Town has two Page 230 of 295 5-005 Page 2 of 5 classifications of Reserve Funds, Obligatory Reserve Funds and Discretionary Reserve Funds. “Obligatory Reserve Funds” are restricted by legislation, by- laws or agreements. Some of the Obligatory Reserve Funds are the Development Charge Fund, the Gas Tax Fund and the Building Permit Reserve Fund. “Discretionary Reserve Funds” have been created for a specific purpose by Council. Examples include Capital Infrastructure Reserve, Parking Reserve and Lake Lisgar Revitalization. Implementation Procedure: 1. Objectives 1.1. To establish reserves as approved by Council for: i. Future capital expenditures ii. Operating projects and surpluses iii. Sale of fixed assets or land iv. Unexpected or unplanned events v. The reduction of debt financing vi. Or any other purpose that Council designates that would otherwise cause fluctuations in the operating or capital budgets. 1.2. To establish reserve funds through the adoption of a by- law for specific purposes as approved by Council. 1.3. All reserves held in cash will be held in a separate bank account. 2. Accountability 2.1. The Director of Finance or his/ her designate shall maintain accountability on behalf of Council relating to the administration of reserves, including the proce ss to transfer to and from reserves once approved by Council and the allocation of interest. 2.2. Staff provides recommendations on the transfer of funds. 3. Prescribed Council Authority 3.1. Establish new reserves; 3.2. Close existing reserves; 3.3. Amalgamate reserves; 3.4. Transfer funds to and from reserves via the approved annual budget; 3.5. Transfer funds to and from reserves through Council resolution not addressed through the budget process. 4. Reporting 4.1. Annually, as part of the budget process, staff will prepare an update on all of the reserve and reserve funds. Each fund will have a policy statement, source of revenue an expenses, recommended target levels, the year- end balance and any other pertinent data. The budget will provide any balances and show a summary of revenues and expenses. In addition, the balances of the reserve and reserve funds are provided in the Town' s audited financial statements. Page 231 of 295 5-005 Page 3 of 5 5. Approved Reserves and Trust Funds 5.1. Schedule A attached lists all of the Reserve Funds, Schedule B the Obligatory Reserve Funds and Schedule C the list of Trust Funds. These schedules will be reviewed annually and the schedules modified with new, amalgamated or closed reserves. Page 232 of 295 5-005 Page 4 of 5 Schedule A: List of Reserves Airport Reserve Asset Management Funding Reserve Cemetery Reserve Council Reserve Development Remediation Reserve Downtown Parking Reserve Economic Development Reserve Election Reserve Engineering Reserve Facility Infrastructure Reserve Fire Department Equipment Reserve Fire Department Labour Reserve Fleet and Equipment Reserve Insurance Reserve IT Equipment Reserve Linear Infrastructure Reserve Physician Recruitment Reserve Police Reserve Police Services Board Reserve Recreation Culture and Parks Reserve Tax Rate Stabilization Reserve Transit Reserve Waste Management Reserve Winter Maintenance Reserve Page 233 of 295 5-005 Page 5 of 5 Schedule B: List of Obligatory Reserves Building Fee Reserve Development Charge Reserves Gas Tax Rebate Reserve Schedule C: Trust Fund Policy Annandale House Trust Cemetery Maintenance Trust Cemetery Perpetual Care Trust Cemetery Prepaid Trust Community Trust Lake Lisgar Revitalization Trust Parkland Trust Scholarship Trust J.L. Scott McLean Trust Page 234 of 295 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-009 A BY-LAW To Authorize an Agreement between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs. WHEREAS the Town of Tillsonburg is desirous of entering into a Transfer Payment Agreement for the Investing in Canada Infrastructure Program (ICIP): Rural and Northern Stream, with Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the agreement attached hereto as Schedule “A” forms part of this By-Law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule “A” on behalf of the Corporation of the Town of Tillsonburg; 3. THAT this By-law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 13th day of JANUARY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 13th day of JANUARY, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson Page 235 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 1 of 59 TRANSFER PAYMENT AGREEMENT FOR THE INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): RURAL AND NORTHERN STREAM THIS TRANSFER PAYMENT AGREEMENT for an Investing in Canada Infrastructure Program (ICIP): Rural and Northern Stream Project (the “Agreement”) is effective as of the Effective Date. B E T W E E N: Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Agriculture, Food and Rural Affairs (“Ontario” or the “Province”) - and - The Corporation of the Town of Tillsonburg (CRA#126587195) (the “Recipient”) BACKGROUND The Investing in Canada Infrastructure Program (“ICIP”) is a federal infrastructure program designed to create long-term economic growth, build inclusive, sustainable and resilient communities, and support a low-carbon economy. The Government of Canada (“Canada”) announced, in its Budget 2016 and Budget 2017, over $180 billion for the ICIP to support sustainable and inclusive communities, while driving economic growth. The federal Minister of Infrastructure, Communities and Intergovernmental Affairs and the provincial Minister of Infrastructure entered into the Canada-Ontario Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program for Canada to provide financial support to the Province. Under the Bilateral Agreement, Canada agreed, amongst other things, to provide contribution funding to the Province under the rural and northern communities infrastructure funding stream of ICIP. This stream supports projects that improve the quality of life in rural and northern communities by responding to their specific needs. Also, under the Bilateral Agreement, Ontario agrees to identify projects and be responsible for Page 236 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 2 of 59 the transfer of ICIP and provincial funds to eligible recipients pursuant to transfer payment agreements. The Recipient has applied to the Province for ICIP funds to assist the Recipient in carrying out a rural and northern stream project. The Province has submitted to Canada for approval and the Province and Canada have approved, in accordance with the terms and conditions set out in the Bilateral Agreement, the Project as defined in Schedule “C”. The Agreement sets out the terms and conditions upon which ICIP funds, up to the Maximum Funds, will be provided to the Recipient for carrying out the Project. CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules and their sub-schedules, if any, form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Specific Information Schedule “C” - Project Description, Financial Information, Timelines and Project Standards Schedule “D” - Reports Schedule “E” - Eligible Expenditures and Ineligible Expenditures Schedule “F” - Evaluation Schedule “G” - Communications Protocol Schedule “H” - Disposal of Assets Schedule “I” - Aboriginal Consultation Protocol Schedule “J” - Requests for Payment and Payment Procedures Schedule “K” - Committee 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties in respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 237 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 3 of 59 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between any of the requirements of: (a) the Bilateral Agreement and the Agreement, the Bilateral Agreement will prevail to the extent of the conflict or inconsistency; (b) the main body of the Agreement and any of the requirements of a schedule or a sub-schedule, the main body of the Agreement will prevail to the extent of the conflict or inconsistency; (b) Schedule “A” (General Terms and Conditions) and any of the requirements of another schedule or a sub-schedule, Schedule “A” (General Terms and Conditions) will prevail to the extent of the conflict or inconsistency; (c) a schedule and any of the requirements of a sub-schedule, the schedule will prevail to the extent of the conflict or inconsistency; or (d) The Agreement and the Rural and Northern Communities Funding Stream Ontario Program Guidelines of March 2019 (“the Guidelines”), the Agreement will prevail. 3.0 COUNTERPARTS 3.1 One and the Same Agreement. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT AND AGREEMENT REVIEW 4.1 Amending the Agreement. Subject to sections C.5.3 (Amending the Agreement for Minor Changes to the Project Description, Financial Information, Timelines and Project Standards) and D.2.2 (Amending the Agreement for Minor Changes to the Reporting), the Agreement may only be amended by a written agreement duly executed by the representatives of the Parties listed on the signature page below. 4.2 Agreement Review. If, pursuant to section 25.10 (Review of Agreement) of the Bilateral Agreement, the Bilateral Agreement is reviewed after three or five years, or both, of the effective date of the Bilateral Agreement, and any changes to the Bilateral Agreement are required as a result, the Parties agree to amend the Agreement as necessary and in a manner that is consistent with such changes. Page 238 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 4 of 59 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement from Recipient. The Recipient acknowledges, in respect of the Project, that: (a) the Funds are to assist the Recipient to carry out the Project and not to provide goods or services to the Province or Canada; (b) the Province and Canada are not responsible for carrying out the Project; (c) the Province’s and Canada’s role in respect of the Project is limited to making a financial contribution to the Recipient for the Project, and the Province and Canada are not involved in the Project or its operation; (d) the Province and Canada are neither decision-makers nor administrators in respect of the Project; (e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act; (f) Canada is bound by the Access to Information Act (Canada) and any information provided to Canada by either the Province or the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act; (g) the Recipient has read and understood the Bilateral Agreement; (h) changes to the Project will require the Province’s and Canada’s approval, which may be subject to the terms and conditions of the Bilateral Agreement; (i) entering into of the Agreement does not in any way obligate any regulatory authority established under an Act of the Ontario Legislature or Parliament to issue any type of approval, licence, permit or similar authorization that the Recipient may need or want in relation to the Project or to meet any terms or conditions under the Agreement; and (j) that complete, diligent and timely implementation of this Agreement within the funding limits and deadlines specified herein is imperative. 5.2 Acknowledgement from Province. The Province acknowledges that the Recipient may be bound by the Municipal Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. Page 239 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 5 of 59 6.0 CANADA’S RIGHTS AND INFORMATION SHARING WITH CANADA 6.1 Third Party Beneficiary. The Recipient agrees that, although the Agreement is between the Province and the Recipient, Canada is, in respect of the rights, covenants, remedies, obligations, indemnities, and benefits (together referred to as “Rights”) undertaken or given to Canada in the Agreement, a third party beneficiary under the Agreement and is entitled to rely upon and directly enforce those Rights as if Canada were a party to the Agreement. 6.2 Sharing of Information with the Province and Canada. The Recipient agrees that, consistent with section 6.1 (Third Party Beneficiary) and for the implementation of the Bilateral Agreement: (a) the Province or Canada, or both, and in respect of Canada either directly or through the Province, may, upon Notice to the Recipient, request additional information from the Recipient including, without limitation, information for any determination under Article A.27.0 (Environmental Requirements and Assessments) and Article A.28.0 (Aboriginal Consultation); (b) if the Province or Canada, or both, provide the Recipient with Notice under paragraph 6.2(a), the Recipient will, within the timelines set out in the Notice, deliver the information to either the Province or Canada, or both, as required; and (c) the Province or Canada, or both, may share any information received from the Recipient pursuant to the Agreement with each other. [SIGNATURE PAGE FOLLOWS] Page 240 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 6 of 59 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, represented by the Minister of Agriculture, Food and Rural Affairs _________________ ____________________________________ Date Name: Ernie Hardeman Title: Minister of Agriculture, Food and Rural Affairs The Corporation of the Town of Tillsonburg _________________ ____________________________________ Date Name: Title: I have authority to bind the Recipient. _________________ ____________________________________ Date Name: Title: I have authority to bind the Recipient. [SCHEDULE “A” – GENERAL TERMS AND CONDITIONS FOLLOWS] AFFIX  CORPORATE  SEAL Page 241 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 7 of 59 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A.1.0 INTERPRETATION AND DEFINITIONS A.1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the background and headings do not form part of the Agreement; they are for information and reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; (e) all accounting terms not otherwise defined in the Agreement have their ordinary meanings; and (f) “include”, “includes”, and “including” denote that the subsequent list is not exhaustive. A.1.2 Definitions. In the Agreement, the following terms have the following meanings: “Aboriginal Community” has the meaning ascribed to it in section I.1.1 (Definitions). “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules and sub-schedules listed in section 1.1 (Schedules and Sub-schedules to the Agreement), and any amending agreement entered into pursuant to section 4.1 (Amending the Agreement). “Asset” means any real or personal property, or immovable or movable asset, acquired, purchased, constructed, rehabilitated, or improved, in whole or in part, with any of the Funds. “Authorities” means any government authority, agency, body or department having or claiming jurisdiction over the Agreement or the Project, or both. “Bilateral Agreement” means the Canada-Ontario Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program entered into between Canada and Her Majesty the Queen in right of Ontario, effective as of March 26, 2018. “Business Day” means any working day the Province is open for business, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Page 242 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 8 of 59 Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day; and any other day on which the Province is not open for business. “Canada” means, unless the context requires otherwise, Her Majesty the Queen in right of Canada. “Committee” refers to a Committee established pursuant to section A.29.1 (Establishment of Committee). “Communications Activities” means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi-media products, and all related communication materials under the Agreement. “Contract” means a contract between the Recipient and a Third Party whereby the Third Party agrees to supply goods or services, or both, in respect of the Project in return for financial consideration. “Effective Date” means the date of signature by the last signing party to the Agreement. “Eligible Expenditures” means the costs in respect of the Project that the Recipient has incurred and paid and that are eligible for payment under the terms and conditions of the Agreement, and that are further described in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). “Environmental Laws” means all applicable governmental, regulations, by-laws, orders, rules, policies, or guidelines respecting the protection of the natural environment or the public, and the manufacture, importation, handling, transportation, storage, disposal, and treatment of environmental contaminants and includes, without limitation, the Environmental Protection Act (Ontario), Environmental Assessment Act (Ontario), Ontario Water Resources Act (Ontario), Canadian Environmental Protection Act, 1999 (Canada), Canadian Environmental Assessment Act, 2012 (Canada), Fisheries Act (Canada), and Navigation Protection Act (Canada). “Evaluation” means an evaluation in respect of the Project or the ICIP as described in Article F.1.0 (Project and ICIP Evaluations). “Event of Default” has the meaning ascribed to it in section A.12.1 (Events of Default). “Expiry Date” means the expiry date set out in Schedule “B” (Specific Information). “Federal Approval Date” means the date on which Canada has approved the Project Page 243 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 9 of 59 identified in Schedule “C” (Project Description, Financial Information, Timelines, and Project Standards). “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiry Date, whichever comes first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Holdback” means the Holdback described in and to be paid in accordance with section A.4.12 (Retention of Contribution) and Article J.7.0 (Holdback). “ICIP” means the Investing in Canada Infrastructure Program, a federal infrastructure program described in the first paragraph of the “Background” to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario and Her Majesty the Queen in right of Canada, and includes their respective ministers, officers, servants, agents, appointees and employees. “Ineligible Expenditures” means the costs that are ineligible for payment under the terms and conditions of the Agreement, and that are described in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert, and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any part of the Agreement or the Bilateral Agreement. “Maximum Funds” means the maximum Funds amount set out Schedule “B” (Specific Information). “Notice” means any communication given or required to be given pursuant to the Agreement. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Person” means, without limitation, a person, the Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees, or Page 244 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 10 of 59 agents. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding, whether in contract, tort (including negligence), or otherwise, that anyone makes, brings, or prosecutes as a result of or in connection with the Project or any part of the Agreement or the Bilateral Agreement. “Project” means the undertaking described in Schedule “C” (Project Description, Financial Information, Timelines, and Project Standards). “Records Review” means any assessment the Province conducts pursuant to section A.7.4 (Records Review). “Remedial Period” means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A.12.3 (b), and includes any such period or periods of time by which the Province extends that time in accordance with section A.12.4 (Recipient Not Remedying). “Reports” means the reports described in Schedule “D” (Reports). “Requirements of Law” means all applicable requirements, laws, statutes, codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all Authorities, and includes the Environmental Laws. “Substantial Completion” or “Substantially Completed” means that the Project can be used for the purpose for which it was intended. “Term” means the period of time described in section A.3.1 (Term). “Third Party” means any person or legal entity, other than a Party, who participates in the implementation of the Project by means of a Contract. “Timelines” means the Project schedule described in Schedule “C” (Project Description, Financial Information, Timelines and Project Standards). “Total Financial Assistance” means the total Project funding from all sources including, but not limited to, funding from federal, provincial, territorial, municipal, regional, band council, and Indigenous government sources; private sources; and in- kind contributions. A.2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A.2.1 General. The Recipient represents, warrants, and covenants that, in respect of the Project: Page 245 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 11 of 59 (a) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (b) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the Project, the Funds, or both; (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for Funds (including, without limitation, any information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete; (d) the Project will be situated within, and will be for the direct benefit of, rural and or northern community with a population of 100,000 people or less based on 2016 Statistics Canada Census Data; (e) the Project meets and will continue to meet all of the program’s eligibility criteria, construction conditions and the Recipient will abide by all of the Province’s and Canada’s respective requirements set out in the Guidelines, including the financial, contractual and reporting requirements; and (f) any Funds received have not displaced, and will continue to not displace, the Recipient’s own funding and spending on public transit. A.2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, in a manner that is satisfactory to the Province. A.2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) procedures to enable the Recipient to manage Funds prudently and effectively; (b) procedures to enable the Recipient to complete the Project successfully; (c) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (d) procedures to enable the preparation and submission of all Reports required pursuant to Article A.7.0 (Reporting, Accounting, and Review); and Page 246 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 12 of 59 (e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A.2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in this Article A.2.0 (Representations, Warranties, and Covenants). A.3.0 TERM OF THE AGREEMENT AND SUBSTANTIAL COMPLETION A.3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date, unless it is extended by a written agreement pursuant to section 4.1 or terminated earlier pursuant to Article A.11.0 (Termination on Notice) or Article A.12.0 (Event of Default, Corrective Action, and Termination for Default). A.3.2 Substantial Completion. The Recipient will ensure that the Project is Substantially Completed on or before October 31, 2026. A.4.0 FUNDS AND CARRYING OUT THE PROJECT A.4.1 Funds Provided. Subject to the terms and conditions of this Agreement and only after the Effective Date, the Province will: (a) provide the Recipient funding up to the Maximum Funds for the sole purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with Schedule “J” (Requests for Payment and Payment Procedures); and (c) deposit the Funds into an account the Recipient designates, provided that the account: (i) is at a branch of a Canadian financial institution in Ontario; and (ii) is solely in the name of the Recipient. A.4.2 Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided): (a) in addition to any other limitation under the Agreement on the payment of Funds, the Province is not obligated to provide: (i) any Funds to the Recipient until the Recipient fulfils the special conditions listed in section A.31.1 (Special Conditions); and (ii) any Funds to the Recipient until the Province and Canada are satisfied with Page 247 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 13 of 59 the progress of the Project; (b) the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.2 (Preparation and Submission); and (c) any payment of Funds is subject to: (i) the requirements of the Financial Administration Act (Ontario), including the availability of an appropriation by the Ontario Legislature that is sufficient and constitutes lawful authority for the payment; (ii) federal and provincial ministerial funding levels in respect of transfer payments, the program under which the Agreement was made, or otherwise that are sufficient; and (iii) Canada’s payment of funds to the Province, pursuant to the Bilateral Agreement, that are sufficient for the payment. The Province may reduce the amount of Funds or terminate the Agreement in response to a reduction or absence of an appropriation federally or provincially, reduction to ministerial funding levels, or Canada’s failure to make payment of funds. Notwithstanding Article A.9.0 (Limitation of Liability and Indemnity), the Province will not be liable for any direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract or in tort (including negligence) or otherwise, arising from any reduction or termination of Funds. If any changes to the Agreement are required as a result, the Parties agree to amend the Agreement accordingly. A.4.3 Use of Funds and Carry Out the Project. The Recipient will, in respect of the Project, do all of the following: (a) carry out the Project in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only on Eligible Expenditures that are necessary to carry out the Project on and after the Federal Approval Date; (d) not use the Funds to cover any Ineligible Expenditure; and (e) not use the Funds to cover any Eligible Expenditure that has or will be funded or reimbursed by one or more of any third party, or ministry, department, agency, or organization of the Government of Ontario or of the Government of Canada. A.4.4 Interest-Bearing Account. If the Province provides Funds before the Recipient’s Page 248 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 14 of 59 immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account solely in the name of the Recipient at a branch of a Canadian financial institution in Ontario. A.4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a) deduct an amount equal to the interest from the Funds; (b) demand from the Recipient the payment of an amount equal to the Interest Earned. A.4.6 Maximum Funds and Recovery of Excesses. The Recipient acknowledges that: (a) the Funds available to it pursuant to the Agreement will not exceed the Maximum Funds; (b) if Canada’s total contribution from all federal sources in respect of the Project exceeds fifty percent of Total Eligible Expenditures (as identified in Schedule “C”), the Province or Canada may demand the return of the excess from the Recipient and the Recipient shall return the excess forthwith or Province or Canada may reduce their respective contributions under the Agreement by an amount equal to the excess; and (c) if the Total Financial Assistance received in respect of any Project exceeds the one-hundred percent (100%) of Total Eligible Expenditures, the Province may, up to the Maximum Funds, demand the return of the excess from the Recipient and the Recipient shall return the excess forthwith or the Province may reduce its contribution under the Agreement by an amount equal to the excess. A.4.7 Disclosure of Other Financial Assistance. The Recipient will inform the Province promptly of any financial assistance received in respect of the Project. A.4.8 Rebates, Credits, and Refunds. The Province will, in respect of the Project, calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A.4.9 Recipient’s Acknowledgement of Responsibility for Project. The Recipient will, in respect of the Project, assume full responsibility for the Project, including, without limitation: (a) complete, diligent, and timely Project implementation within the costs and timelines specified in the Agreement and in accordance with all other terms and conditions of the Agreement; Page 249 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 15 of 59 (b) all of the costs of the Project, including, without limitation, unapproved expenditures, Ineligible Expenditures, and cost overruns, if any; (c) subsequent operation, maintenance, repair, rehabilitation, construction, demolition, or reconstruction, as required and in accordance with industry standards, and any related costs for the full lifecycle of the Project; and (d) the engineering work being undertaken in accordance with industry standards. A.4.10 Increase in Project Costs. If, at any time during the Term the Recipient determines that it will not be possible to complete the Project unless it expends amounts in excess of all funding available to it (a “Shortfall”), the Recipient will immediately notify the Province of that determination. If the Recipient so notifies the Province, it will, within 30 days of a request from the Province, provide a summary of the measures that it proposes to remedy the Shortfall. If the Province is not satisfied that the measures proposed will be adequate to remedy the Shortfall, then the Province may exercise one or more of the remedies available to it pursuant to section A.12.4 (Recipient Not Remedying). A.4.11 Recipient’s Request for Payment and Payment Procedures. The Recipient agrees to submit its requests for payment in accordance with the payment procedures provided for in Schedule “J” (Requests for Payment and Payment Procedures). A.4.12 Retention of Contribution. The Province will retain a maximum of 10% of the provincial funding in respect of the Project (“Holdback”) up until the Recipient has fulfilled all of its obligations under the Agreement for the Project. A.5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, CONTRACT PROVISIONS, AND DISPOSAL OF ASSETS A.5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that: (a) is fair, transparent, competitive, and consistent with value for money principles, or in a manner otherwise acceptable to the Province and Canada; and (b) if applicable, is in accordance with the Canadian Free Trade Agreement and international agreements. A.5.2 Non-Compliance with Acquisition Requirements. If the Province or Canada determines that a Contract is awarded in a manner that is not in compliance with the requirements in section A.5.1 (Acquisition), upon giving Notice to the Recipient, the Province may consider the expenditures associated with the Contract to be an Ineligible Expenditure. Page 250 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 16 of 59 A.5.3 Exemptions to Competitive Awarding. The Province and Canada may consent to the provision of exemptions from competitive awarding of Contracts on a case-by-case basis, in their sole and absolute discretion, if the Recipient provides a written request indicating the business case rationale for the exemption, in advance of the Contract being awarded to the satisfaction of Canada and the Province. A.5.4 Contract Provisions. The Recipient will ensure that all Contracts are consistent with and incorporate the relevant provisions of the Agreement, including its insurance provisions. More specifically, but without limiting the generality of the foregoing, the Recipient agrees to include provisions in all Contracts to ensure: (a) that proper and accurate accounts and records are kept and maintained as described in the Agreement including, but not limited to, in paragraph A.7.3(a); (b) that all applicable Requirements of Law including, without limitation, labour and human rights legislation, are complied with; and (c) that the Contract secures the respective rights of the Province and Canada, and any authorized representative or independent auditor identified by the Province or Canada, and the Auditor General of Ontario and the Auditor General of Canada to: (i) inspect and audit the terms of any Contract, record or account in respect of the Project; and (ii) have free and timely access to the Project sites and facilities, and any records, documentation or information, as contemplated pursuant to section A.7.5 (Inspection and Removal). A.5.5 Disposal of Assets. The Recipient will not, unless in accordance with the terms and conditions set out in Schedule “H” (Disposal of Assets), sell, lease, encumber, or otherwise dispose, directly or indirectly, of any Asset during the Asset Disposal Period. A.6.0 CONFLICT OF INTEREST A.6.1 Conflict of Interest Includes. For the purposes of this Article A.6.0 (Conflict of Interest), a conflict of interest includes any circumstances where: (a) the Recipient or any person who has the capacity to influence the Recipient’s decisions has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to interfere with the Recipient’s objective, unbiased, and impartial judgment in respect of the Project or the use of the Funds, or both; or Page 251 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 17 of 59 (b) a former public servant or public office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes, or policies of Canada apply will derive a direct benefit from the Agreement, unless the provision or receipt of such benefits complies with such legislation, guidelines, policies, or codes. A.6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a) the Recipient: (i) provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; and (ii) requests the consent of the Province to carry out the Project with an actual, potential, or perceived conflict of interest; (b) the Province consents in writing to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and (c) the Recipient complies with any terms and conditions the Province may prescribe in its consent. A.7.0 REPORTING, ACCOUNTING, AND REVIEW A.7.1 Province and Canada Include. For the purpose of sections A.7.4 (Records Review), A.7.5 (Inspection and Removal) and A.7.6 (Cooperation), “Province” includes Canada and any auditor or representative that the Province or Canada, or both, may identify. A.7.2 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A.15.1 (Notice in Writing and Addressed): (i) all Reports in accordance with the timelines and content requirements provided for in Schedule “D” (Reports); and (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; and (b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and (ii) signed by an authorized signing officer of the Recipient. Page 252 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 18 of 59 A.7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years after the Expiry Date: (a) proper and accurate financial accounts and records, kept in a manner consistent with generally accepted accounting principles, including but not limited to its contracts, invoices, statements, receipts, and vouchers and any other evidence of payment relating to the Funds or otherwise to the Project; and (b) all non-financial records and documents relating to the Funds or otherwise to the Project. A.7.4 Records Review. The Province may, at its own expense, upon 24 hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; (b) the progress of the Project; (c) the Recipient’s allocation and expenditure of the Funds. A.7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records or documents referred to in section A.7.3 (Record Maintenance); (b) remove any copies the Province makes pursuant to section A.7.5(a); and (c) share any documents, records and findings with Canada. A.7.6 Cooperation. To assist the Province in respect of its rights provided for in section A.7.5 (Inspection and Removal), the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents wherever they are located; (b) coordinating access with any Third Party; (c) assisting the Province to copy the records and documents; Page 253 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 19 of 59 (d) providing to the Province, in the form the Province specifies, any information the Province identifies; and (e) carrying out any other activities the Province requests. A.7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province or Canada, or both, any control whatsoever over the Recipient’s records. A.7.8 Auditor General (Ontario and Canada). The Province’s rights under this Article A.7.0 (Reporting, Accounting, and Review) are in addition to any rights provided to the Auditor General of Ontario pursuant to section 9.2 of the Auditor General Act (Ontario) and to the Auditor General of Canada pursuant to section 7.1 of the Auditor General Act (Canada). A.7.9 Sharing of Audit Findings and Reports. The Recipient acknowledges that Canada and the Province may: (a) inform each other, and any of their respective authorized representatives and auditors, that an audit is being conducted; and (b) share the findings of any audit or investigation, including any ensuing report, with each other and any of their respective authorized representatives and auditors. A.7.10 Evaluation. The Recipient agrees to participate in any Evaluation and comply with the requirements for such Evaluation that are set out in Schedule “F” (Evaluation). A.7.11 Calculations. The Recipient will make all calculations and prepare all financial data to be submitted in accordance with the generally accepted accounting principles in effect in Canada. These will include, without limitation, those principles and standards approved or recommended from time to time by the Chartered Professional Accountants of Canada or the Public Sector Accounting Board, as applicable, or any successor institute, applied on a consistent basis. A.7.12 Adverse Fact or Event. The Recipient will inform the Province immediately of any fact or event of which it is aware that has or will compromise, wholly or in part, the Project. A.8.0 COMMUNICATIONS REQUIREMENTS A.8.1 Communications Protocol. The Parties agree to be bound by the terms and conditions of the communications protocol provided for in Schedule “G” (Communications Protocol). Page 254 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 20 of 59 A.9.0 LIMITATION OF LIABILITY AND INDEMNITY A.9.1 Province and Canada Limitation of Liability. In no event will any of the Indemnified Parties be held liable for any damages, including direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, for: (a) any injury to any Person, including, but not limited to, death, economic loss, or infringement of rights; (b) any damage to or loss or destruction of property of, any Person; or (c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease, or other long-term obligation in relation to the Agreement, the Bilateral Agreement, or the Project. A.9.2 Indemnification of the Province and Canada. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding based upon or occasioned by: (a) any injury to any Person, including, but not limited to, death, economic loss, or any infringement of rights; (b) any damage to, or loss or destruction of, property of any Person; or (c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease, or other long-term obligation, except to the extent to which such Loss or Proceeding is caused by the negligence or wilful misconduct of any Indemnified Party in the performance of that Indemnified Party’s duties. A.9.3 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province or Canada, or both, participate in or conduct the defence of any Proceeding against any of the Indemnified Parties and any negotiations for their settlement. A.9.4 Province’s Election. The Province or Canada, or both, may elect to participate in, or conduct the defence of, any Proceeding by providing Notice to the Recipient of such election, without prejudice to any other rights or remedies of the Province under the Agreement or of the Province or Canada under the Bilateral Agreement, at law or in equity. If the Province, Canada, or the Recipient, as applicable, participates in the defence, it will do so by actively participating with the other’s counsel. A.9.5 Settlement Authority. The Recipient will not enter into a settlement of any Page 255 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 21 of 59 Proceeding against any of the Indemnified Parties unless the Recipient has obtained from the Province or Canada, as applicable, prior written approval or a waiver of this requirement. If the Recipient is requested by the Province or Canada to participate in or conduct the defence of any Proceeding, the Province or Canada, as applicable, will cooperate with and assist the Recipient to the fullest extent possible in the Proceeding and any related settlement negotiations. A.9.6 Recipient’s Cooperation. If the Province or Canada conducts the defence of any Proceeding, the Recipient will cooperate with and assist the Province or Canada, as applicable, to the fullest extent possible in the Proceeding and any related settlement negotiations. A.10.0 INSURANCE A.10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain at its own cost and expense for a period extending at least 90 Business Days beyond the Term, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than $2,000,000.00 per occurrence, which commercial general liability insurance policy will include the following: (a) the Indemnified Parties as additional insureds in respect of liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. A.10.2 Proof of Insurance. At the Province’s request, the Recipient will: (a) provide to the Province, either: (i) annually, certificates of insurance that confirm the insurance coverage as provided in section A.10.1 (Recipient’s Insurance); or (ii) other proof that confirms the insurance coverage as provided for in section A.10.1 (Recipient’s Insurance); and (b) at the Province’s request, the Recipient will provide to the Province a copy of any Page 256 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 22 of 59 of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement or both. A.11.0 TERMINATION ON NOTICE A.11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. A.11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A.11.1 (Termination on Notice), the Province may take one or more of the following actions: (a) Direct the Recipient not to incur any costs for the Project without the Province’s prior written consent; (b) cancel all further instalments of Funds; (c) demand the payment of any Funds plus Interest Earned remaining in the possession or under the control of the Recipient; and (d) Subject to the limits of the Bilateral Agreement, determine the reasonable costs for the Recipient to wind down the Project and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to paragraph A.11.2(c); and (ii) subject to paragraph A.4.1(a), provide Funds to the Recipient to cover such costs. A.12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A.12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (a) carry out the Project in whole or in part; (b) use or spend Funds; or (c) provide, in accordance with section A.7.2 (Preparation and Submission), Reports or such other reports as the Province may have requested pursuant to paragraph A.7.2(b). Page 257 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 23 of 59 A.12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project or to discontinue the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient plus Interest Earned; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used plus Interest Earned, but did not use in accordance with the Agreement; (h) demand from the Recipient the repayment of an amount equal to any Funds the Province provided to the Recipient plus Interest Earned; (i) demand from the Recipient an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j) terminate the Agreement at any time, including immediately, without liability, penalty, or costs to the Province upon giving Notice to the Recipient. A.12.3 Opportunity to Remedy. If, in accordance with paragraph A.12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Remedial Period. A.12.4 Recipient Not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A.12.2(b), and: (a) the Recipient does not remedy the Event of Default within the Remedial Period; Page 258 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 24 of 59 (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Remedial Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Remedial Period or initiate any one or more of the actions provided for in paragraphs A.12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j). A.12.5 When Termination Effective. Termination under this Article A.12.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice. A.13.0 FUNDS UPON EXPIRY A.13.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds plus Interest Earned remaining in its possession, under its control, or both. A.14.0 DEBT DUE AND PAYMENT A.14.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount the Recipient is entitled to under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds plus Interest Earned from any further instalments of Funds; or (b) demand that the Recipient pay to the Province an amount equal to the excess Funds plus Interest Earned. A.14.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds, an amount equal to any Funds, or any other amounts under the Agreement; or (b) the Recipient owes to the Province any Funds, an amount equal to any Funds, or any other amounts under the Agreement, whether or not the Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. Page 259 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 25 of 59 A.14.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then-current interest rate charged by the Province of Ontario on accounts receivable. A.14.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address set out in Schedule “B” (Specific Information) for the purposes of Notice to the Province. A.14.5 Failure to Repay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A.14.6 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement are for the administration of social, health or economic programs or the provision of direct or indirect support to members of the public in connection with social, health or economic policy. A.15.0 NOTICE A.15.1 Notice in Writing and Addressed. Notice will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery, or courier; and (c) addressed to the Province and the Recipient as set out in Schedule “B” (Specific Information), or as either Party later designates to the other by Notice. A.15.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is delivered; and (b) in the case of email, personal delivery, or courier, on the date on which the Notice is delivered. A.15.3 Postal Disruption. Despite paragraph A.15.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will provide Notice by email, personal delivery, or courier. Page 260 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 26 of 59 A.16.0 CONSENT BY PROVINCE OR CANADA AND COMPLIANCE BY RECIPIENT A.16.1 Consent. When the Province or Canada provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province or Canada may have attached to the consent. A.17.0 SEVERABILITY OF PROVISIONS A.17.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A.18.0 WAIVER A.18.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. A.18.2 Waiver Applies. If in response to a request made pursuant to section A.18.1 (Waiver Request) a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A.18.3 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article A.15.0 (Notice). Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. A.19.0 INDEPENDENT PARTIES A.19.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of either the Province or Canada, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. Page 261 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 27 of 59 A.19.2 No Authority to Represent. Nothing in the Agreement is to be construed as authorizing any Person, including a Third Party, to contract for or to incur any obligation on behalf of the Province or Canada, or both, or to act as an agent for the Province or Canada. The Recipient will take the necessary action to ensure that any Contract between the Recipient and a Third Party contains a provision to that effect. A.20.0 ASSIGNMENT OF AGREEMENT OR FUNDS A.20.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A.20.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors and permitted assigns; and (b) the successors to Her Majesty the Queen in right of Ontario. A.21.0 GOVERNING LAW A.21.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A.22.0 FURTHER ASSURANCES A.22.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time in respect to any matter to which the Agreement pertains; and (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A.23.0 JOINT AND SEVERAL LIABILITY A.23.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. Page 262 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 28 of 59 A.24.0 RIGHTS AND REMEDIES CUMULATIVE & JOINT AUTHORSHIP A.24.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A.24.2 Joint Authorship Of Agreement. The Parties will be considered joint authors of this Agreement and no provision herein will be interpreted against one Party by the other Party because of authorship. No Party will seek to avoid a provision herein because of its authorship through recourse to a third-party, court, tribunal or arbitrator. A.25.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A.25.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate and may deduct amounts owing as a result of such Failure from the funds owing under this Agreement. A.26.0 SURVIVAL A.26.1 Survival. Any rights and obligations of the Parties that, by their nature, extend beyond the termination of the Agreement will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement. Surviving provisions include, without limitation, the following Articles, sections and paragraphs, and all applicable cross-referenced Articles, sections, paragraphs, schedules, and sub- schedules: Articles 1.0 (Entire Agreement), 2.0 (Conflict or Inconsistency), 5.1 (Acknowledgement from Recipient), 6.0 (Canada’s Rights and Information Sharing with Canada), A.1.0 (Interpretation and Definitions) and any other applicable definitions, paragraphs A.2.1(a), A.4.2(c), sections A.4.4 (Interest-Bearing Account), A.4.5 Page 263 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 29 of 59 (Interest), A.4.6 (Maximum Funds and Recovery of Excesses), A.4.8 (Rebates, Credits, and Refunds), A.4.9 (Recipient’s Acknowledgement of Responsibility for Project), A.5.5 (Disposal of Assets), A.7.1 (Province and Canada Include), A.7.2 (Preparation and Submission) (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), A.7.3 (Record Maintenance), A.7.4 (Records Review), A.7.5 (Inspection and Removal), A.7.6 (Cooperation), A.7.7 (No Control of Records), A.7.8 (Auditor General (Ontario and Canada)), A.7.9 (Sharing of Audit Findings and Reports), A.7.10 (Evaluation), A.7.11 (Calculations), Articles A.8.0 (Communications Requirements), A.9.0 (Limitation of Liability and Indemnity), sections A.11.2 (Consequences of Termination on Notice by the Province), A.12.1 (Events of Default), paragraphs A.12.2(d), (e), (f), (g), (h) and (i), A.13.0 (Funds Upon Expiry), A.14.0 (Debt Due and Payment), A.15.0 (Notice), and A.17.0 (Severability of Provisions), section A.20.2 (Agreement Binding), and Articles A.21.0 (Governing Law), A.23.0 (Joint and Several Liability), A.24.0 (Rights and Remedies Cumulative), A.26.0 (Survival), A.27.0 (Environmental Requirements and Assessments), A.28.0 (Aboriginal Consultation), and A.31.0 (Special Conditions). A.27.0 ENVIRONMENTAL REQUIREMENTS AND ASSESSMENTS A.27.1 Federal Environmental Requirements. Without limitation to the Recipient’s obligations to comply with Environmental Laws and for greater clarity: (a) no site preparation, removal of vegetation or construction will occur in respect of the Project; and (b) the Province will have no obligation to pay any Eligible Expenditures that are capital costs, as determined by the Province, until Canada is satisfied that federal requirements are met, and continue to be met, under the following: (i) Canadian Environmental Assessment Act, 2012; (ii) other applicable environmental assessment legislation that is or may come into force during the term of the Agreement; and (iii) other applicable agreements between Canada and Aboriginal Communities. A.28.0 ABORIGINAL CONSULTATION A.28.1 Aboriginal Consultation Protocol. The Parties agree to be bound by the terms and conditions of the Aboriginal Consultation Protocol provided for in Schedule “I” (Aboriginal Consultation Protocol). A.28.2 Legal Duty to Consult. Until Canada and, if applicable, the Province are satisfied that any legal duty to consult and, where appropriate, to accommodate Aboriginal Page 264 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 30 of 59 Communities, or any other federal consultation requirement, has been, and continues to be met: (a) no site preparation, removal of vegetation or construction will occur in respect of the Project; and (b) despite section A.4.1, the Province has no obligation to pay any Eligible Expenditures that are capital costs, as determined by the Province and Canada; and, for the Project requiring consultation, Canada and, if applicable, the Province must be satisfied that: (i) Aboriginal Communities have been notified and, if applicable, consulted; (ii) where consultation has occurred, the Recipient has provided a summary of consultation or engagement activities, including a list of Aboriginal Communities consulted, concerns raised, and how each of the concerns have been addressed or, if not addressed, an explanation as to why not; (iii) the Recipient is carrying out accommodation measures, where appropriate; and (iv) any other information has been provided which Canada or the Province, or both, may deem appropriate. A.28.3 Funding Conditional upon Meeting Aboriginal Consultation Obligations. No Funds will be provided to the Recipient under the Agreement unless Canada and, if applicable in the opinion of the Province, the Province are satisfied that their respective obligations have been met in respect of the legal duty to consult and, if applicable, accommodate any Aboriginal Community with an interest in the Project. A.29.0 COMMITTEE A.29.1 Establishment of Committee. The Province may, at its sole discretion, require the establishment of a committee to oversee the Agreement (the “Committee”). A.29.2 Notice of Establishment of Committee. Upon Notice from the Province, the Parties will hold an initial meeting to establish, in accordance with Schedule “K” (Committee), the Committee described in section A.29.1 (Establishment of Committee). A.30.0 DISPUTE RESOLUTION A.30.1 Contentious Issues. The Parties will keep each other informed of any issues that could be contentious. Page 265 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 31 of 59 A.30.2 Examination by the Committee and Parties. If a contentious issue arises and a Committee has been established under section A.29.1 (Establishment of Committee), the Parties will refer the contentious issue that may arise to the Committee for examination. In the absence of a Committee, the Parties will examine the contentious issue. A.30.3 Potential Dispute Resolution by Committee. The Committee or the Parties, as the case may be, will attempt, reasonably and in good faith, to resolve disputes as soon as possible and, in any event, within, for the Committee, 30 days, or, for the Parties, 90 days of receiving Notice of a contentious issue. A.30.4 Dispute Resolution by the Parties. If the Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within 60 Business Days of the Notice. A.30.5 Alternative Mechanisms for Dispute Resolutions. Where the Parties cannot agree on a resolution, the Parties may use any alternative dispute resolution mechanisms available to them to resolve the issue. A.30.6 Suspension of Payments. The Province may suspend any payments related to any contentious issue or dispute raised by either Party, together with the obligations related to such issue, pending resolution. A.31.0 SPECIAL CONDITIONS A.31.1 Special Conditions. The Province’s funding under the Agreement is conditional upon, (a) on or before the Effective Date, the Recipient having provided the Province with: (i) a copy of the by-law(s), council resolution(s) or both or any other necessary instrument applicable to the Recipient authorizing its entry into the Agreement; (ii) the certificates of insurance or any other proof the Province may request pursuant to section A.10.2 (Proof of Insurance); (iii) banking information, such as a void cheque or a bank letter, for an interest- bearing account in the name of the Recipient at a Canadian financial institution, into which the Province may transfer funds electronically; and (iv) any other Reports requested by the Province in the format specified. (b) prior to submitting a request for payment in respect of the Project under the Agreement, Page 266 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 32 of 59 (i) the Recipient having provided the Province with written confirmation that: a. the Recipient is in compliance with all Environmental Laws, including the Recipient’s obligations under section A.27.1 (Federal Environmental Requirements), and has obtained all necessary approvals and permits; b. the Recipient has met any requirements under Article A.28.0 (Aboriginal Consultation) that may apply to the Project; and c. the Recipient has title to and ownership of any real property necessary for the completion of the Project; and (ii) the Recipient having provided the Province with any required assessments pursuant to Article A.27.0 (Environmental Requirements and Assessments); and (c) the Recipient having submitted, in a form and at an address supplied by the Province, an asset management self-assessment on or before the Effective Date, and, thereafter, on or before February 1 in each of the years 2021, 2023 and 2024, unless the Project have reached Substantial Completion before such date. For greater certainty, if the Province provides any Funds to the Recipient before the conditions set out in this Article A.31.0 (Special Conditions) have been met, and unless the Province has waived compliance with such condition in writing, the Province may exercise one or more of the remedies available to it pursuant to section A.12.2 (Consequences of Event of Default and Corrective Action). [SCHEDULE “B” – SPECIFIC INFORMATION FOLLOWS] Page 267 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 33 of 59 SCHEDULE “B” SPECIFIC INFORMATION B.1.0 EXPIRATION DATE B.1.1 Expiration date. The Expiration Date is March 31, 2028. B.2.0 MAXIMUM FUNDS B.2.1 Maximum Funds. Maximum Funds means the sum of Canada’s Maximum Contribution and Ontario’s Maximum Contribution. B.3.0 ONTARIO’S MAXIMUM CONTRIBUTION B.3.1 Ontario’s Maximum Contribution. Ontario’s Maximum Contribution means $524,769.18, rounded to two decimal places. B.4.0 CANADA’S MAXIMUM CONTRIBUTION B.4.1 Canada’s Maximum Contribution. Canada’s Maximum Contribution means $787,232.50, rounded to two decimal places. B.5.0 ADDRESSEES B.5.1 Addressees. All Reports and Notices under the Agreement will be submitted to the Province at the address listed below: Contact information for the purposes of Notice to the Province Address: Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch 1 Stone Road West, 4NW Guelph, Ontario N1G 4Y2 Attention: Manager, Infrastructure Renewal Programs Email: ICIPRural@ontario.ca Page 268 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 34 of 59 Contact information for the purposes of Notice to the Recipient Address: Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, Ontario N4G 5A7 Attention: Kevin De Leebeeck, Director of Operations Email: kdeleebeeck@tillsonburg.ca [SCHEDULE “C” - PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES AND PROJECT STANDARDS FOLLOWS] Page 269 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 35 of 59 SCHEDULE “C” PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES AND PROJECT STANDARDS C.1.0 PROJECT DESCRIPTION The project is for the reconstruction of approximately 0.6 km of Concession Street West from Charlotte Avenue to Rolph Street in Tillsonburg. The work includes the reconstruction of the pavement structure to current standards, the conversion to an urban cross-section, new barrier curb and gutter, catch basins and sidewalks, the modification of roadway alignment (horizontal and vertical curves), and the installation of a pedestrian crosswalk. C.2.0 FINANCIAL INFORMATION C.2.1 Total Eligible Expenditures. Total Eligible Expenditures means $1,574,465.00, rounded to two decimal places. C.2.2 Percentage of Provincial Support. Percentage of Provincial Support means 33.33%, rounded to two decimal places. C.2.3 Percentage of Federal Support. Percentage of Federal Support means 50%, rounded to two decimal places. C.3.0 TIMELINES C.3.1 Federal Approval Date. Federal approval date means August 6, 2019. C.4.0 PROJECT STANDARDS C.4.1 Canada’s Requirements. In addition to any other standards that the Recipient must meet or exceed for the Project, the Recipient will ensure the Project meets or exceeds the following: (a) any applicable energy efficiency standards for buildings outlined in Canada’s Pan-Canadian Framework on Clean Growth and Climate Change provided by Canada at www.canada.ca/en/services/environment/weather/climatechange/pan- canadian-framework.html, or at any other location the Province may provide; and (b) the accessibility requirements of the highest accessibility standards published in Ontario, in addition to accessibility requirements in applicable provincial building codes and relevant municipal by-laws. Page 270 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 36 of 59 C.5.0 CHANGES TO THE PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES, AND PROJECT STANDARDS C.5.1 Province’s and Canada’s Consent. Any change to the Project will require the Province’s and Canada’s consent. When seeking to make a change in respect of the Project, the Recipient will submit updated Project information and any other information that the Province or Canada, or both, may require to the satisfaction of Canada and the Province. C.5.2 Minor Changes to the Project Description, Financial Information, Timelines and Project Standards. Subject to sections C.5.1 (Province’s and Canada’s Consent) and C.5.3 (Amending the Agreement for Minor Changes to the Project Description, Financial Information, Timelines, and Standards), changes that, in the opinion of the Province, are minor may be made, in respect of the Project, to Schedule “C” (Project Description, Financial Information, Timelines and Project Standards). C.5.3 Amending the Agreement for Minor Changes to the Project Description, Budget, Timelines and Project Standards. Any change made pursuant to section C.5.2 (Minor Changes to the Project Description, Financial Information, Timelines and Project Standards) must be documented through a written agreement duly executed by the respective representatives of the Parties. [SCHEDULE “D” – REPORTS FOLLOWS] Page 271 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 37 of 59 SCHEDULE “D” REPORTS D.1.0 REPORTING REQUIREMENTS D.1.1 Reporting Requirements. Reports shall be submitted in a manner, format acceptable to the Province, by the due date specified by the Province. Electronic formats or further direction on how to complete the forms will be supplied to the Recipient of all Reports. The Reports will require the Recipient to provide the Province with an attestation as to the accuracy of the information contained therein. The Recipient acknowledges and agrees it will provide such attestation in the applicable Report prior to submitting the Report to the Province. Reports shall include the following: (a) Initial Report. The Initial Report will provide the Recipient’s forecast of the timelines and costs (Expenditure forecast) to completion. It also outlines the sources of Recipient funds and confirms other pertinent information regarding the Project. (b) Claim and Progress Report. The Claim and Progress Report provides an update on the Project’s status, as well as a breakdown of amounts that are being claimed for reimbursement. Claims may be submitted as frequently as needed, but no less than twice a year (if costs have been incurred). If no costs have been incurred in the previous six months, the Recipient will notify the Province that no claim is being submitted for that period. When submitting claims, the report must include a detailed breakdown of invoices that are being claimed for reimbursement. Note that copies of invoices and any associated backup must be provided at the time of claim submission, as directed by the Province. The Recipient will include an updated record documenting its consultation with Aboriginal Groups, if consultation with any Aboriginal Community is required, in its Progress Report or upon request by the Province or Canada. If requested by the Province, the Recipient will provide further details on the risk assessment the Recipient provides in respect of any Progress Report. (c) Final Report. The Final Report summarizes the Project’s final timelines, costs, and outcomes. It may also include a Declaration of Substantial Completion and a Declaration of Completion. Page 272 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 38 of 59 The Final Report will be submitted to the Province within sixty (60) Business Days of Substantial Completion or December 31, 2026, whichever is earlier. (d) Other Reports. On or before such date and with such content as the Province directs, the Recipient must provide the Province with other Reports, including but not limited to: (i) Climate Change Resilience Assessments; (ii) Greenhouse Gas Emissions Assessments; and (iii) Community Employment Benefit Assessments. D.2.0 CHANGES TO SCHEDULE “D” (REPORTS) D.2.1 Minor Changes to the Reporting. Subject to section D.2.2 (Amending the Agreement for Minor Changes to the Reporting), the Parties may make changes to this Schedule “D” (Reports) that, in the opinion of the Province, are minor. D.2.2 Amending the Agreement for Minor Changes to the Reporting. Any change made to this Schedule “D” (Reports) pursuant to section D.2.1 (Minor Changes to the Reporting) must be documented through a written agreement duly executed by the respective representatives of the Parties listed in Schedule “B” (Project Specific Information). D.3.0 COMPLIANCE AUDIT(S) D.3.1 Compliance Audit(s). Without limiting the generality of section A.7.4 (Records Review), the Recipient may be required by the Province, at its own expense, to retain an independent third party auditor to conduct one or more compliance audits of the Recipient. If applicable, the audit will be conducted in accordance with Canadian Generally Accepted Auditing Standards, as adopted by the Canadian Institute of Chartered Accountants, applicable as of the date on which a record is kept or required to be kept under such standards. The audit will assess the Recipient’s compliance with the terms of the Agreement and will address, without limitation, the following: (a) whether the Funds were spent in accordance with the Agreement and with due regard to economy, efficiency, and effectiveness; (b) the Project’s progress or state of completion; (c) whether the financial information the Recipient provided is complete, accurate, and timely, and in accordance with the Agreement; Page 273 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 39 of 59 (d) whether the Recipient’s information and monitoring processes and systems are adequate to identify, capture, validate, and monitor the achievement of intended benefits of the Project; (e) the overall management and administration of the Project; (f) recommendations for improvement or redress; and (g) whether prompt and timely corrective action is taken on prior audit findings. [SCHEDULE “E” - ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES FOLLOWS] Page 274 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 40 of 59 SCHEDULE “E” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES E.1.0 ELIGIBLE EXPENDITURES E.1.1 Subject to the terms and conditions of this Agreement, Eligible Expenditures shall only include all direct and necessary costs for the successful completion of the Project, and that are in the Province’s and Canada’s sole and absolute discretion, properly and reasonably incurred and paid to an arm’s length party as evidenced by invoices, receipts or other records that are acceptable to the Province and Canada, and that are associated with the acquisition, planning, environmental assessments, design and engineering, project management, materials and construction or renovation of the Project. Eligible Expenditures exclude costs set out as Ineligible Expenditures in section E.2.1 below, but include: a) Costs directly associated with joint communication activities that are set out in Schedule “G” (Communications Protocol) of this Agreement, including the costs of communications support and logistics; b) Costs of Aboriginal consultation and engagement on matters pertaining to the Project, including the costs associated with translating of documents into languages spoken by an affected Aboriginal Group, but does not include any capacity-building funding unless specifically approved by the Province in writing prior to being incurred; c) The incremental costs of the Recipient’s staff or employees provided that: i. The Recipient is able to demonstrate that it is not economically feasible to tender a Contract that ensures the acquisition of the required goods or services at the best value for money; and ii. The arrangement is approved in advance in writing by the Province and Canada. d) Any costs that are determined by the Province and Canada, in their sole discretion, to be Eligible Expenditures; and e) Notwithstanding section E.2.1(a) of this Schedule, expenditures related to the Project associated with completing climate lens assessments or associated with the conduct and participation in consultation and engagement activities with Aboriginal Groups, if applicable, that were incurred after February 15, 2018. E.2.0 INELIGIBLE EXPENDITURES E.2.1 The following costs are Ineligible Expenditures and are therefore ineligible to be paid from the Funds: a) Costs incurred prior to the Federal Approval Date; b) Costs incurred after October 31, 2026; c) All expenditures related to Contracts awarded or executed prior to the Federal Approval Date; Page 275 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 41 of 59 d) Costs incurred for terminated or cancelled Projects; e) Costs related to developing a business case or proposal or application for funding; f) Costs associated with the acquisition, expropriation or leasing of: i. Land, ii. Buildings, or iii. Other facilities g) Costs associated with the acquisition or leasing of equipment other than equipment directly related to the construction, improvement, repair, rehabilitation or reconstruction of the Project where the Province has not provided its prior written approval; h) Costs that have not been claimed for reimbursement by March 31st of the year following the year in which the costs were incurred; i) Capital costs, including site preparation and construction costs, incurred before the Recipient has been notified in writing that environmental assessment and Aboriginal consultation obligations have been fully met and continue to be fully met; j) Costs related to any component of the Project other than its approved scope; k) Costs related to any underground infrastructure; l) Costs related to recreational trails; m) Real estate fees and related costs; n) Costs incurred for the general operation, repair and regularly scheduled maintenance of the Project; o) Services or works normally provided by the Recipient, incurred in the course of implementation of the Project, except those specified as Eligible Expenditures; p) Expenditures related to any goods and services which are received through donations or in-kind Contributions; q) Any overhead costs, including salaries and other employment benefits of any employees of the Recipient, its direct or indirect operating or administrative costs, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, except in accordance with the list of Eligible Expenditures above; r) Unreasonable meal, hospitality or incidental costs or expenses of Third Parties; s) Any amount for which the Recipient has received, will receive or is eligible to receive, a rebate, credit or refund, in full or in part; t) Taxes of any kind; u) Costs of relocating entire communities; v) In the Province’s sole discretion, the costs of communication activities undertaken by the Recipient that did not conform with the requirements of the Communications Protocol in Schedule “G”; w) Any amounts incurred or paid by the Recipient to an entity that is not at arm’s length from the Recipient, except in accordance with the list of Eligible Expenditures above; Page 276 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 42 of 59 x) Costs incurred contrary to Article 5 of Schedule “A” (Recipient’s Acquisition of Goods and Services and Disposal of Assets); y) The costs, charges, penalties or fees incurred or paid by the Recipient in the process of having a cost determined to be an Ineligible Cost. z) Legal fees, financing charges and loan interest payments, including those related to easements (e.g., surveys); aa) Costs of furnishings and non-fixed assets which are not essential for the operation of the funded Asset or Project, as well as all costs associated with moveable assets or rolling stock; and bb) Any costs associated with projects which are determined by the Province and Canada, in their sole discretion, to be: (i) Housing; (ii) An early learning and childcare facility; (iii) A health facility, or an education facility; (iv) A health facility, or an education facility, except to benefit Indigenous peoples by advancing the Truth and Reconciliation Commission’s Calls to Action, as approved by Canada; (v) A highway or trade corridor infrastructure, except for portions that connect communities that do not already have year-round access; or (vi) Resource development infrastructure, notably industrial resource development access roads. [SCHEDULE “F” – EVALUATION FOLLOWS] Page 277 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 43 of 59 SCHEDULE “F” EVALUATION F.1.0 PROJECT AND ICIP EVALUATIONS F.1.1 Recipient’s Participation in Projects and ICIP Evaluations. The Recipient understands that the Province or Canada, or both, may ask the Recipient to participate in one or more evaluation in respect of the Project or the ICIP during and for a period of up to six years after March 31, 2028. The Recipient agrees, if asked and at its own expense, to provide Project-related information to the Province or Canada, or both, for any evaluation. F.1.2 Results of Project and ICIP Evaluations. The result of any evaluation carried under section F.1.1 (Recipient’s Participation in Project and ICIP Evaluations) will be made available to the public, subject to all applicable laws and policy requirements. [SCHEDULE “G” – COMMUNICATIONS PROTOCOL FOLLOWS] Page 278 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 44 of 59 SCHEDULE “G” COMMUNICATIONS PROTOCOL G.1.0 DEFINITIONS G.1.1 Definitions. For the purposes of this Schedule “G” (Communications Protocol): “Joint Communications” means events, news releases, and signage that relate to the Agreement or the Bilateral Agreement, or both, that are not operational in nature, and that are collaboratively developed and approved by, (a) in the case of the Bilateral Agreement, Canada, the Province and the Recipient; and (b) in the case of the Agreement, the Province and the Recipient. G.2.0 PURPOSE G.2.1 Purpose. This communications protocol outlines the roles and responsibilities of each of the Parties to the Agreement in respect of Communications Activities related to the Project. G.2.2 Guidance. This communications protocol will guide all planning, development and implementation of Communications Activities with a view to ensuring efficient, structured, continuous, consistent, and coordinated communications to the Canadian public. G.2.3 Application to Communications Activities. The provisions of this communications protocol apply to all Communications Activities related to the Agreement and the Project. G.3.0 GUIDING PRINCIPLES G.3.1 Information to Canadians. Communications Activities undertaken through this communications protocol should ensure that Canadians are informed about the Project’s benefits, including the ways in which the Project helps improve their quality of life. G.3.2 Factors to Consider. The scale and scope of Communications Activities undertaken for any Project will take into consideration the financial value, scope and duration of the Project and the feasibility of Joint Communications for such Communications Activities. Page 279 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 45 of 59 G.3.3 Deficiencies and Corrective Actions. The Province will communicate to the Recipient any deficiencies or corrective actions, or both, identified by the Province, Canada or, as applicable, the Committee. G.3.4 Approval of Communications Material. The announcement or publication of the Project must be approved by the Parties and Canada prior to being carried out. G.3.5 Costs of Communication Activities. With the exception of advertising campaigns outlined in Article G.10.0 (Advertising Campaigns), the costs of Communication Activities and signage will follow the eligibility rules established in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). G.4.0 JOINT COMMUNICATIONS G.4.1 Subject Matter. The Parties and Canada may have Joint Communications about the funding and status of the Project. G.4.2 Prior Knowledge and Agreement. Joint Communications in respect of the Project should not occur without the prior knowledge and agreement of the Parties and Canada. G.4.3 Recognition of the Province’s and Canada’s Contributions. All Joint Communications material must be approved by the Province and Canada and will recognize the Province’s and Canada’s contribution or the Total Financial Assistance, or both, received in respect of the Project. G.4.4 Notice and Timing. The Recipient and the Province, on its own behalf or that of Canada, may request Joint Communications. The Party requesting the Joint Communications will provide at least 15 Business Days’ notice to the other Party. If the Communications Activity is an event, it will take place at a date and location mutually agreed to by the Parties and, if applicable, Canada. G.4.5 Participation and Representatives. The Party requesting a Joint Communications will provide the opportunity for the other Party and Canada to choose to participate and, if they do so choose, their own designated representative (in the case of an event). G.4.6 English and French. Canada has an obligation to communicate in English and French. Communications products related to events must be bilingual and include the Canada word mark and the logos of the Parties. In such cases, Canada will provide the translation services and final approval on products. G.4.7 Table of Precedence for Canada. The conduct of all Joint Communications will, as applicable, follow the Table of Precedence for Canada provided by Canada at Page 280 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 46 of 59 https://www.canada.ca/en/canadian-heritage/services/protocol-guidelines-special- event/table-precedence-canada.html, or at any other location as the Province may provide. G.5.0 INDIVIDUAL COMMUNICATIONS G.5.1 Canada’s Obligations. Notwithstanding Article G.4.0 (Joint Communications), the Parties agree that Canada or the Province, or both, have the right to communicate information to Canadians and Ontarians about the Agreement and the use of Funds to meet its legislated and regulatory obligations through their respective own Communications Activities. G.5.2 Restrictions. Each Party may include general ICIP messaging and an overview in respect of the Project in their own Communications Activities. The Province and the Recipient will not unreasonably restrict the use of, for their own purposes, Communications Activities related to the Project and, if the communications are web- or social-media based, the ability to link to it. Canada has also agreed, in the Bilateral Agreement, to the above. G.5.3 Publication. The Recipient will indicate, in respect of the Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of Canada and the Province. G.5.4 Canada’s Recognition in Documents. In respect of the Project where the deliverable is a document, such as but not limited to plans, reports, studies, strategies, training material, webinars, and workshops, the Recipient will clearly recognize Canada’s and the Province’s respective financial contribution for the Project. G.5.5 Acknowledgement of Support. Unless the Province directs the Recipient to do otherwise, the Recipient will, in respect of the Project-related publications, whether written, oral, or visual, acknowledge the Province’s and Canada’s support for the Project. G.6.0 OPERATIONAL COMMUNICATIONS G.6.1 Responsibility of Recipient. The Recipient is solely responsible for operational communications in respect of the Project, including but not limited to calls for tender, contract awards, and construction and public safety notices. Operational communications as described above are not subject to the Official Languages Act of Canada. G.7.0 MEDIA RELATIONS Page 281 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 47 of 59 G.7.1 Significant Media Inquiry. The Province and the Recipient will share information promptly with the other Party and Canada if significant media inquiries are received or emerging media or stakeholder issues arise in respect of a Project or the ICIP. G.8.0 SIGNAGE G.8.1 Recognition of Funding Contribution. The Parties agree that Canada, the Province and the Recipient may each have signage recognizing their funding contribution in respect of the Project. G.8.2 Funding Recognition. Unless otherwise agreed by Canada or the Province, or both, the Recipient will produce and install a sign to recognize the funding contributed by the Province or Canada, or both, at the Project site in accordance with, as applicable, their current respective signage guidelines. Federal sign design, content, and installation guidelines will be provided by Canada. Provincial sign design, content, and installation guidelines will be provided by the Province. G.8.3 Permanent Plaque. Where the Recipient decides to install a permanent plaque or another suitable marker in respect of the Project, the Recipient will: (a) on the marker, recognize the Province’s and Canada’s contributions; and (b) prior to installing the marker, seek the prior written approval of both Canada and the Province, each respectively, for its content and installation. G.8.4 Notice of Sign Installation. The Recipient will inform the Province of sign installations, including providing the Province with photographs of the sign, once the sign has been installed. G.8.5 Timing for Erection of Sign. If erected, signage recognizing Canada’s and the Province’s respective contributions will be installed at the Project site(s) 30 days prior to the start of construction, be visible for the duration of the Project, and remain in place until 30 days after construction is completed and the infrastructure is fully operational or opened for public use. G.8.6 Size of Sign. If erected, signage recognizing Canada’s and the Province’s respective contribution will be at least equivalent in size and prominence to Project signage for contributions by other orders of government and will be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. G.8.7 Responsibility of Recipient. The Recipient is responsible for the production and installation of Project signage, or as otherwise agreed upon. Page 282 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 48 of 59 G.9.0 COMMUNICATING WITH RECIPIENT G.9.1 Facilitation of Communications. The Province agrees to facilitate, as required, communications between Canada and the Recipient for Communications Activities. G.10.0 ADVERTISING CAMPAIGNS G.10.1 Notice of Advertising Campaigns. Recognizing that advertising can be an effective means of communicating with the public, the Recipient agrees that Canada or the Province, or both, may, at their own cost, organize an advertising or public information campaign in respect of the Project or the Agreement. However, such a campaign will respect the provisions of the Agreement. In the event of such a campaign, Canada or the Province will inform each other and the Recipient of its intention no less than 21 Business Days prior to the campaign launch. [SCHEDULE “H” – DISPOSAL OF ASSETS FOLLOWS] Page 283 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 49 of 59 SCHEDULE “H” DISPOSAL OF ASSETS H.1.0 DEFINITIONS H.1.1 Definitions. For the purposes of this Schedule “H” (Disposal of Assets): “Asset Disposal Period” means the period commencing on the Effective Date and ending five (5) years after the Expiration Date. H.2.0 DISPOSAL OF ASSETS H.2.1 Asset Disposal Period. Unless otherwise agreed to by the Province, the Recipient will maintain the ongoing operations and retain title to and ownership of any Asset acquired in respect of the Project for the Asset Disposal Period. H.2.2 Disposal of Asset and Payment. If, at any time within the Asset Disposal Period, the Recipient sells, leases, encumbers, or otherwise disposes, directly or indirectly, of any Asset other than to Canada, the Province, or a municipal or regional government established by or under provincial statute, the Province may require the Recipient to reimburse the Province for any Funds received for the Project [SCHEDULE “I” – ABORIGINAL CONSULTATION PROTOCOL FOLLOWS] Page 284 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 50 of 59 SCHEDULE “I” ABORIGINAL CONSULTATION PROTOCOL I.1.0 DEFINITIONS I.1.1 Definitions. For the purposes of this Schedule “I” (Aboriginal Consultation Protocol): “Aboriginal Community”, also known as “Aboriginal Group”, includes First Nations, Métis, and Inuit communities or peoples of Canada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. “Section 35 Duty” means any duty the Province and Canada may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. I.2.0 PURPOSE This Schedule sets out the respective roles and responsibilities of the Province and the Recipient in relation to consultation with Aboriginal Groups on the Project and serves to specify the procedural aspects of consultation delegated from the Province and Canada to the Recipient. I.3.0 PROVINCE’S ROLES AND RESPONSIBILITIES The Province is responsible for: (a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any, and advising the Recipient of same; (b) The preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Groups; (c) Delegating, at its discretion, procedural aspects of consultation to the Recipient pursuant to this Schedule; (d) Directing the Recipient to take such actions, including without limitation suspension as well as termination of the Project, as the Province may require; (e) Satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Schedule; and (f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately accommodated in relation to the Project. I.4.0 RECIPIENT’S ROLES AND RESPONSIBILITIES. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by the Province and Canada, if such notice has not already been given by the Recipient or the Province or Canada. Such notice must include language Page 285 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 51 of 59 specifying that the Province and Canada are providing funding for the Project and that the Recipient is acting as the Province’s and Canada’s delegate for the purposes of the procedural aspects of consultation; (b) Immediately notifying the Province of contact by any Aboriginal Groups regarding the Project and advising of the details of the same; (c) Informing the Aboriginal Groups about the Project and providing to the Aboriginal Groups a full description of the Project unless such description has been previously provided to them; (d) Following up with the Aboriginal Groups in an appropriate manner to ensure that Aboriginal Groups are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising the Province of the details of the same; (e) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (f) Maintaining the Aboriginal Groups on the Recipient’s mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Groups all notices and communications that the Recipient provides to interested parties and any notice of completion; (g) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; (h) Providing the Aboriginal Groups with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Groups to discuss the Project, if requested; (i) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with the Province; (j) Considering comments provided by the Aboriginal Groups regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Group, or on other interests, or any other concerns or issues regarding the Project; (k) Answering any reasonable questions to the extent of the Recipient’s ability and receiving comments from the Aboriginal Groups, notifying the Province of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Groups and any responses the Recipient has provided; (l) Where an Aboriginal Group asks questions regarding the Project directly of the Province or Canada, providing the Province or Canada with the information reasonably necessary to answer the inquiry, upon the Province’s request; (m) Where directed by the Province or Canada, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding Page 286 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 52 of 59 the Project and reporting to the Province and Canada any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (n) Consulting regularly with the Province and Canada during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to the Province and Canada the results of such discussions prior to implementing any applicable accommodation measures; (o) Complying with the Province’s or Canada’s direction to take any actions, including without limitation, suspension or termination of the Project, as the Province or Canada or both may require; and (p) In Contracts, expressly securing the Recipient’s right to respond to directions from the Province or Canada or both as the Province or Canada or both may provide. I.5.0 RECIPIENT KEEPING RECORDS AND SHARING INFORMATION. The Recipient shall carry out the following functions in relation to record keeping, information sharing and reporting to the Province: (a) Provide to the Province and Canada, upon request, complete and accurate copies of all documents provided to the Aboriginal Groups in relation to the Project; (b) Keep reasonable business records of all its activities in relation to consultation and provide the Province and Canada with complete and accurate copies of such records upon request; (c) Provide the Province and Canada with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the Project; (d) Immediately notify the Province and Canada of any contact by any Aboriginal Groups regarding the Project of any nature and provide copies to the Province and Canada of any documentation received from Aboriginal Groups; (e) Advise the Province and Canada immediately of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes so aware; (f) Immediately notify the Province and Canada if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide the Province and Canada with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by the Province or Canada; and (h) If applicable, advise the Province and Canada if the Recipient and an Aboriginal Group propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. Page 287 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 53 of 59 I.6.0 ASSISTING THE PROVINCE AND CANADA. The Recipient shall, upon request, lend assistance to the Province and Canada by filing records and other appropriate evidence of the activities undertaken both by the Province, Canada and the Recipient in consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by the Province or Canada and by the Recipient, to the relevant regulatory or judicial decision-makers. I.7.0 NO ACKNOWLEDGEMENT OF DUTY TO CONSULT OBLIGATIONS The Parties agree that nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by the Province or Canada or the Recipient that a Section 35 Duty applies in relation to the Project, nor that any role or responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation referred to in this Agreement is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. I.8.0 NO SUBSTITUTION This Schedule shall be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the Section 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision- maker acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of the Province and Canada is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Groups, the Recipient, the Province, Canada and provincial and federal ministries, boards, agencies and other regulatory decision-makers. I.9.0 NOTICES IN RELATION TO THIS SCHEDULE All notices to the Province pertaining to this Schedule shall be in writing and shall be given sent to the person identified under Schedule “B” of this Agreement. [SCHEDULE “J” – REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES FOLLOWS] Page 288 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 54 of 59 SCHEDULE “J” REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES J.1.0 DEFINITION J.1.1 Definition. For the purposes of this Schedule “J” (Requests for Payment and Payment Procedures): “Final Payment” means the final payment by the Province to the Recipient in respect of the Project as described in and to be paid in accordance with Article J.8.0 of Schedule “A” (Final Payment). J.2.0 PROCEDURES AND TIMING FOR REQUESTS FOR PAYMENT J.2.1 Procedures. The procedures provided for in Article J.3.0 of this Schedule “J” (Procedures for Requests for Payment for Eligible Expenditures) will apply to requests for payment that the Recipient submits to the Province under the Agreement. J.2.2 Diligent and Timely Manner. The Recipient will submit its requests for payment to the Province in a diligent and timely manner, and no less frequently than twice a year if costs have been incurred. If no costs have been incurred in the previous six months, the recipient will notify the Province that no claim is being submitted for that period. J.3.0 PROCEDURES FOR REQUESTS FOR PAYMENT FOR ELIGIBLE EXPENDITURES J.3.1 Timing, Reports and Documents. The Recipient will submit each request for payment for Eligible Expenditures in respect of the Project to the Province on a date and frequency as indicated in Schedule “D” (Reports) and, if the Province so requested pursuant to paragraph K.4.1(f), after review by the Committee. The Recipient agrees to submit, for each of the circumstances listed below, the following reports and documents: (a) for each request for payment, including the Final Payment, a Report in a format prescribed by the Province; (b) a report on the progress of the project, at least twice per year by the deadlines specified by the Province in a Notice; (c) for each request for Final Payment, a Final Report, acceptable to the Province; and (d) such other information as the Province may request. Page 289 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 55 of 59 J.4.0 PAYMENTS J.4.1 Payment by the Province. Subject to the terms and conditions of the Agreement, upon receipt of a request for payment fully completed in accordance with this Schedule “J” (Requests for Payment and Payment Procedures), the Province will pay Funds to the Recipient based on the Recipient’s incurred and paid Eligible Expenditures up to the Maximum Funds. Claims will be reimbursed based on the Percentage of Provincial Support and the Percentage of Federal Support as set out in Schedule “C”. J.4.2 For greater certainty and without limitation, before the Province makes a payment to the Recipient, the following terms and conditions of the Agreement must be met, in the opinion of the Province or Canada, or both: (a) the conditions set out in paragraph A.4.2(c) of Schedule “A”; (b) the special conditions listed in Article A.31.0 of Schedule “A” (Special Conditions); (c) receipt and acceptance by the Province of all required Reports and other reports, as applicable; (d) compliance with all applicable audit requirements under the Agreement; and (e) applicable communications requirements, as set out Schedule “G” (Communications Protocol). J.4.3 The Province will under no circumstances be liable for interest for failure to make a payment within the time limit provided for in this Article J.4.0 of this Schedule “J” (Payments). J.5.0 TIME LIMITS FOR REQUESTS FOR PAYMENTS J.5.1 Timing. The Recipient will submit all requests for payment on or before December 31, 2026. J.5.2 No Obligation for Payment. The Province will have no obligation to make any payment for a request for payment submitted after (i.) December 31, 2026; or (ii) March 31st of the year following the Funding Year in which the Eligible Expenditures were incurred. J.6.0 FINAL RECONCILIATION AND ADJUSTMENTS Page 290 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 56 of 59 J.6.1 Final Reconciliation and Adjustments. For the Project, following the submission of both the Declaration of Project Substantial Completion and the final Progress Report, the Province may carry out a final reconciliation of all requests for payments and payments in respect of the Project and make any adjustments required in the circumstances. J.7.0 HOLDBACK J.7.1 Holdback. For the Project, the Province may hold back funding in accordance with section A.4.12 (Retention of Contribution). J.8.0 FINAL PAYMENT J.8.1 Final Payment. Subject to paragraph A.4.2(c), the Province will pay to the Recipient the remainder of its contribution under the Agreement, including the Holdback, after all of the conditions under section A.4.12 (Retention of Contribution) have been met. [SCHEDULE “K” – COMMITTEE FOLLOWS] Page 291 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 57 of 59 SCHEDULE “K” COMMITTEE K.1.0 ESTABLISHMENT OF COMMITTEE K.1.1 Establishment and Term of Committee. If the Province requires the establishment of a Committee to oversee the Agreement, pursuant to section A.29.1 (Establishment of Committee), the Parties will, within 60 days of the Province providing Notice, hold an initial meeting to establish the Committee. The Committee’s mandate will expire on the Expiry Date of the Agreement. K.2.0 COMMITTEE MEMBERS, CO-CHAIRS, AND OBSERVERS K.2.1 Appointments by the Province. The Province will appoint two persons as members of the Committee. K.2.2 Appointments by the Recipient. The Recipient will appoint two persons as members of the Committee. K.2.3 Chairs of the Committee. The Committee will be headed by co-chairs chosen from its members, one appointed by the Province and one appointed by the Recipient. If a co- chair is absent or otherwise unable to act, the member of the Committee duly authorized in writing by the Province or the Recipient, as applicable, will replace him or her and will act as co-chair in his or her place. K.2.4 Non-committee Member Staff. The Parties may invite any of their staff to participate in Committee meetings. The Province may invite up to two representatives from Canada to sit as observers on the Committee. For greater certainty, the staff and representative(s) from Canada will not be considered members and will not be allowed to vote. K.3.0 MEETINGS AND ADMINISTRATIVE MATTERS K.3.1 Rules of Committee. The Committee will: (a) meet at least two times a year, and at other times at the request of a co-chair; and (b) keep minutes of meetings approved and signed by the co-chairs as a true record of the Committee meetings. K.3.2 Quorum. A quorum for a meeting of the Committee will exist only when both co-chairs are present. Page 292 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 58 of 59 K.4.0 COMMITTEE MANDATE K.4.1 Mandate. Provided that no action taken by the Committee will conflict with the rights of the Parties under the Agreement, the mandate of the Committee will include, but not be limited to: (a) monitoring the implementation of the Agreement including, without limitation, the implementation of Schedule “G” (Communications Protocol), for compliance with the terms and conditions of the Agreement; (b) acting as a forum to resolve potential issues or disputes and address concerns; (c) reviewing and, as necessary, recommending to the Parties amendments to the Agreement; (d) approving and ensuring audit plans are carried out as per the Agreement; (e) establishing sub-committees as needed; (f) at the request of the Province, reviewing requests for payments; and (g) attending to any other function required by the Agreement, including monitoring project risk and mitigation measures, or as mutually directed by the Parties. K.4.2 Committee Decisions. Decisions of the Committee will be made as follows: (a) the co-chairs will be the only voting members on the Committee; and (b) decisions of the Committee must be unanimous and recorded in writing. K.5.0 ROLE OF THE RECIPIENT K.5.1 Requirements. The Recipient undertakes to fulfill, in addition to any other requirements provided for in this Schedule “K” (Committee), the following: (a) establish a fixed location where the Agreement will be managed, and maintain it until the expiry of the Committee’s mandate and, if relocation is required, establish a new location; (b) prepare and retain, at the location described in paragraph K.5.1(a), and make available to the Committee, all documents needed for the work of the Committee, including payment request forms, approval documents, contracts, and agendas and minutes of meetings of the Committee and its subcommittees; Page 293 of 295 Case #2019-03-1-1296972877 Tillsonburg and Ontario ICIP RNS TPA Page 59 of 59 (c) ensure that any audit required of the Recipient pursuant to the Agreement is carried out and the results are reported to the Committee; (d) ensure that administrative and financial systems are developed and implemented for the Project and the work of the Committee; (e) promptly inform the Committee of all proposed changes in respect of the Project; and (f) provide the Committee, as requested and within the timelines set by the Committee, and to the Committee’s satisfaction, project status information related to Schedule “D” (Reports). Page 294 of 295 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-010 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 13th day of January, 2020. 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; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on January 13, 2020, 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 13th DAY OF JANUARY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 13th DAY OF JANUARY, 2020. ________________________________ MAYOR – Stephen Molnar _______________________________ TOWN CLERK – Donna Wilson Page 295 of 295